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(영문) 의정부지방법원 2020.06.17 2020고단1100
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:30 on January 12, 2020, the Defendant, at the main point of “C” located in “C,” the government around 02:0, on the ground that the Defendant changed the time expenses between the victim D (year 21) and the victim D, and the Defendant collected the main of the victim, which is a dangerous object on the table table, and led the victim to the head of the victim. Around two weeks of treatment, the Defendant was placed in two scopics for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Damage photographs and investigation reports (the analysis of CCTV images inside the “C”);

1. Application of Acts and subordinate statutes to hear statements from victims;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the defendant among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. 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 concerned] special injury [the scope of the recommended punishment] and the mitigated elements of the punishment [including serious efforts to recover damage] [the scope of the recommendation area and the recommended punishment] mitigated areas, four months to one year [the scope of the recommended punishment revised according to the applicable sentences] 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 applicable to the case where the lower limit of the sentencing range recommended by the sentencing criteria is inconsistent with the statutory applicable sentencing range); and

2. The crime of this case, which was sentenced to punishment for the same kind of crime, was committed by the defendant, who had the record of punishment for the crime of this case, and suffered bodily injury to the victim, and the crime of this case and the nature of the crime are not exceptionally applied;

However, the fact that the defendant recognizes his mistake and seriously reflects it, that the victim agrees with the victim, and the victim does not want the punishment of the defendant, and that it exceeds the fine of the defendant.

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