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(영문) 의정부지방법원 2019.05.22 2019고단665
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

The defendant is a legal couple who has completed a marriage report on June 7, 1983, the victim B (son, 61 years of age) and on June 7, 1983.

On February 7, 2019, at around 11:45, the Defendant: (a) was aware of the victim’s external rating in the restaurant operated by the victim in Scheon-si C, and was in dispute with the victim; (b) the Defendant 5-6-time off the left side of the victim’s front side of the tree irresh (23cm in length, 5.5cm in thickness) with the rush of the tree irre (5.5cm), which is an object dangerous to the victim’s external rating; and (c) depending on the victim’s entry into the room of the damaged restaurant, the Defendant laid down twice the victim’s back to the front side of the tree irresh with the number of days of treatment; and (d) caused the victim’s brain salvine, salvine, salv

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Photographs;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. A list of investigation reports (12 reported details), 112 reported cases;

1. Application of Acts and subordinate statutes governing the place of emergency medical services, such as a report on investigation (Attachment of evidentiary materials), a written opinion, a photo of the victim's assault, a criminal investigation report (Attachment to 119 emergency medical services log), and emergency

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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

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] the scope of the recommended punishment according to the sentencing guidelines [the category 1] special injury [the person in special form] special injury [including a serious effort to recover damage] - mitigated factors: In the area of mitigation [the scope of the recommended punishment and the scope of the recommended punishment], four months to one year [the scope of the recommended punishment revised according to the sentencing guidelines] sentenced to six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable punishment, so the lower limit of the applicable punishment is in accordance with the law).

3. The Defendant who rendered a sentence shall be sentenced on December 21, 2018.

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