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(영문) 춘천지방법원 강릉지원 2021.03.25 2020고단1174
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 10, 2020, the Defendant: (a) around 23:10 on December 10, 2020, while drinking alcohol together with the company fees at C’s main points in the East Sea; (b) when the victim D ( South, 40 years old) told E, one of his/her daily activities, he/she she saw it as a bed; (c) he/she saw a bed with bed with bed, which is a dangerous object on the table table, one of the dangerous objects on which he/she was on the table; and (d) caused the victim’s injury, such as an open wound, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing the scene photographs of victims of a written diagnosis of the police statement made to D;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person who is subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment, April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum limit of the applicable sentencing range under law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and other conditions of sentencing as shown in the records and arguments:

Unfavorable circumstances: The nature of the crime is not good in light of the method of the crime of this case and the part of the injury.

The favorable circumstances: the defendant has agreed with the victim in a smooth manner, and the defendant has divided the errors.

There is no record of punishment other than those subject to punishment once due to the previous offense of a fine of different species.

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