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(영문) 의정부지방법원 고양지원 2020.04.23 2020고단194
특수상해
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

On January 1, 2020, the Defendant drinked “C” restaurant located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, 2020 with the victim D(the age of 47). However, the Defendant delayed the circumstance that the Defendant was unable to receive benefits from the Defendant’s Defendant’s working company, and the victim’s “as soon as possible,” she heard fint from the victim, and tried to look at the victim’s fint, which is a dangerous object on the trust, due to the fact that the Defendant did not have any fint with the victim, and tried to 3 times the head part of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted injury on sugars, which do not have any wound in two areas where treatment for about 14 days is open.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to the field and the empty Sicker's photograph, victim's photograph, seized articles photograph;

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 for discretionary mitigation;

1. The prosecutor of the suspended execution of Article 62(1) of the Criminal Act seeks to confiscate one of the main soldiers (Evidence 1) used for the instant crime. However, according to the records of seizure and the list of seizure, the above main soldier is deemed to be the owner of E, and thus, it cannot be forfeited from the Defendant.

Reasons for sentencing

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes, which is a special injury by special injury and repeated crime [the category 1] special injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment [the scope of the recommended punishment], four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], and the minimum of the sentence recommended in the sentencing guidelines for six months to one year, are inconsistent with the statutory minimum of the applicable sentencing guidelines.

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