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(영문) 대전지방법원 천안지원 2020.06.12 2019고단2345
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 2, 2019, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special injury, etc., and three years of suspended execution as of May 10, 2019, in the Daejeon District Court’s Support, and the judgment becomes final and conclusive on May 10, 2019 and is still under suspended execution.

【Criminal Facts】

On August 18, 2019, at around 01:45, the Defendant, at the main point of “C” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2019, called the victim D (Nam and 39 years of age) and met with company fees, etc., including the victim D, and brought the victim’s desire to enter the house as soon as possible, but when the head of the victim was taken one time due to beer, which is a dangerous object on the table, the Defendant sawd the victim two weeks of treatment for about two weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of victim of D;

1. A written diagnosis of injury;

1. The offender's place, internal report, and field photograph;

1. Previous convictions before judgment: Application of inquiry letter, such as criminal records, investigation report (verification of recidivism during the period of suspension of execution of sentence);

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range];

2. The method of determining the sentence is dangerous, and the degree of injury suffered by the victim is not easy;

There is no circumstance that efforts were made to recover damage.

It has repeatedly committed the same crime during the period of suspension of execution due to the same crime.

However, it shall be considered that the defendant has recognized his mistake in the investigative agency as favorable to the defendant.

In addition, the judgment of this case becomes final and conclusive.

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