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(영문) 청주지방법원영동지원 2020.08.13 2020고단89
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 20:00 on June 11, 2020, the Defendant, in D, operated by the Victim C (Woo, 55 years of age) located in Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, takes a look at the drinking value payment issue while drinking together with the victim, and was frighted to the victim, and continuously was frighted with the beer who was a dangerous object that had been tabled at the same time, and was fright to the left part of the head of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as a scambling, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on investigation (report on the F statements made by the persons concerned);

1. On-site photographs;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic 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 for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act and the main sentence of Article 59 (1) of the Act on Probation, etc.;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes (the first type] special injury [the special person] special injury [including a serious effort to recover damage] mitigated elements: In the area of mitigation [the scope of the recommended area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable sentencing range, and thus the lower limit of the applicable sentencing range is in accordance with the law applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, and community service for 80 hours, the crime of this case was committed by the defendant, while under the influence of alcohol, while the defendant was under the influence of alcohol, causing bodily injury to the victim by cutting booms and beer; and is bad in the nature of the crime;

(e).

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