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(영문) 춘천지방법원 원주지원 2019.08.22 2019고단596
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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 02:40 on June 6, 2019, the Defendant, while drunk at “Dju shop” operated by the Victim C (Y, 55 years of age), b, brea, breadd from the “Dju shop,” and breadddd from the “Dju shop,” caused the Defendant to inflict an injury, such as cutting down the victim’s head for about four weeks of treatment, by cutting off the victim’s head for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Report on the occurrence of the case;

1. A medical certificate;

1. Report on internal investigation (referring to deadly weapons used by the suspect, - Application of Acts and subordinate statutes);

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

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

1. The scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigated element: In cases of injury (including serious injury for recovery of damage) or considerable damage recovery, the aggravated element: the serious injury (excluding the area of recommendation and the scope of recommendation types) [the scope of recommendation types] basic area, six months to two years [the scope of recommendation types corrected according to the sentencing guidelines] imprisonment with prison labor for one year from one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is in cases where the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the minimum limit of the applicable sentencing range in law, and therefore the applicable sentencing range shall be set according to the minimum limit of the applicable sentencing range in law).

3. Determination of sentence: The defendant agreed to pay a substantial amount of money to the victim; the crime of this case takes into account favorable circumstances such as the fact that the defendant seems to have incurred contingently under the influence of alcohol; the fact that there was a very high risk of the means and methods of the crime of this case; the degree of injury suffered by the victim is relatively heavy; the defendant's age, character and conduct, environment, motive and background of the crime, results of the crime, and circumstances after the crime, etc.

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