logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2020.05.08 2019고단1974
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 21:30 on October 5, 2019, the Defendant collected spawn's disease from the victim D (the age of 35) who is a workplace partner and brought about disputes about the issue of the payment of apartment deposit. In the process of taking the victim's spawn over the floor by hand, the Defendant inflicted on the victim's spawn and face part of the victim's spawn, kn or kn, and caused the victim to be treated for about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Field photographs, etc.;

1. A medical certificate of injury and a medical record book;

1. 112 reported case handling table;

1. The application of Acts and subordinate statutes to photographs and opinions;

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 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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 [decision of types] the scope of violent crimes: Special injury, repeated injury [Type 1] special injury (including a special person) or mitigation element: In cases of injury (including a serious effort to recover damage) or considerable damage, the factors of aggravation: In cases of serious injury (excluding the area of recommendation and the scope of recommended punishment], the basic area of injury (excluding the area of recommendation and the scope of recommended punishment), six months through two years.

3. Determination of sentence: (a) comprehensively taking into account all factors of sentencing as indicated in the pleadings of the instant case, such as the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, means and consequence of committing a crime; and (b) the circumstances after committing a crime

Unfavorable circumstances: The defendant gets the head of the victim due to his or her illness in the dispute.

arrow