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(영문) 청주지방법원 2020.03.18 2019고단2589
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 20:00 on October 18, 2019, the Defendant stated that the victim D (the age of 49) residing in neighboring areas in the Cheongwon-gu building B and the corridor front of the Kaho-gu, Seoho-gu, the Defendant’s dwelling at the Defendant’s dwelling at the Cheongju-gu, Seowon-gu, Seo-gu, and the Cho-gu, which is the Defendant’s dwelling, is prone to music, and boomed a watch (the length of 37 cm) which is a dangerous object stored in the ward, and boomed the victim’s head, and led the victim to an open head cover that requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the records of seizure, list of seizure and medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Six months to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment], April through one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and therefore the minimum of the applicable punishment in law is inconsistent with the applicable sentencing range).

3. The sentence shall be determined as per the Disposition, in comprehensive consideration of six months of imprisonment with prison labor, the background of the suspended sentence two years, the fact that the victim does not want the punishment of the defendant, and the character, conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime, etc.

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