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(영문) 의정부지방법원 2020.04.20 2019고단4601
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 22:30 on June 20, 2019, the Defendant: (a) suffered bodily injury on the two-hours and cerebral sugars that require two- weeks of treatment by using beer cans where he was drinking, which are dangerous objects, on the ground that the victim D (Nam, 47 years of age) who is a company partner D, was under the influence of alcohol and breathing alcohol and drinking water into the Defendant’s face, while under the influence of alcohol; and (b) the victim was under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report and a criminal investigation report (a report on the statements of a suspect and witness);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 category 1] Special Injury (the special person concerned] Special Injury [including a serious effort to recover damage] mitigated elements: Reduction area (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 applicable sentencing range in law, 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 guidelines differs from the applicable sentencing range under law).

3. Determination of sentence: Imprisonment with prison labor for six months, and suspended execution for two years, the crime of this case is a beer can which is a dangerous article for the defendant and prices the head of the victim's head, and the nature of the crime is not weak in light of the method and form of the crime;

However, the defendant's mistake is against the defendant, the defendant's agreement was made smoothly with the victim, the defendant has no record of the same crime since 200, and the age of the defendant is the age of the defendant.

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