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(영문) 대전지방법원 서산지원 2020.05.07 2020고단136
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

On December 18, 2019, at around 00:10, the Defendant: (a) 00:10, the Defendant was on the “C” restaurant located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si; (b) and (c) her staff members, such as the victim D (Nam, 37 years of age) who are his subordinate staff members; and (c) the victim tolded the company about the complaint, and caused the victim, etc. to the effect that the victim “hums are well fluored” refers to the victim, etc. on the ground that he stated that “hums are well fluored,” and caused the victim’s injury, such as open top part of the part of the victim’s left part necessary for the treatment of approximately 14 days.

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. On-site photographs and CCTV images;

1. Application of Acts and subordinate statutes to an injury diagnosis certificate and medical treatment certificate;

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. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines: Imprisonment with prison labor for one to two years (Determination of a type): There is no special injury, repeated crime [Type 1] no special injury (the scope of the recommended area and the recommended punishment] [the scope of the recommended punishment], for six months to two years [the scope of the recommended punishment corrected according to the applicable punishment], for one year and two years (the lowest limit of the sentenced punishment recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment, and the minimum limit of the sentence recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment] (the person who is a general person [the grounds for suspension of execution].

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, resulting in the injury to the victim by knife due to a knife disease, and the crime is not less severe, and the fact that the victim did not receive a knife from the victim is less unfavorable;

However, the defendant is a violent crime.

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