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(영문) 수원지방법원 안양지원 2019.06.05 2019고단585
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

around May 2016, the Defendant married with the victim B (V, 60 years of age) and divorced around March 2019.

At around 23:30 on February 17, 2019, the Defendant, within a car parked in the front line of “D” week located in Sinpo City, Sinpo-si, on the ground that the victim had concealed the victim’s face one time, 10 times in drinking, and 10 times in the back of the mountain back, and assaulted the victim’s face by single hand. On the other hand, the Defendant continued to avoid the Defendant, and followed the victim who escaped within the said main point, she skes the victim’s head head one time in one hand, and was a beer disease (25 cm in length) that is a dangerous object with another hand, and cut back the victim’s back water one time, and cut about 3 cm in the back water of the victim.

As a result, the defendant used dangerous objects to inflict an injury upon the victim who could not know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs;

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Determination of the sentencing criteria applicable [the range of punishment] Type 1 (Special Bodily Injury): Reduction element of punishment (including serious efforts to recover damage) [the area of recommendation and the scope of recommendation], reduction area, period of four months to one year [the scope of recommendation punishment revised according to the applicable sentences] from six months to one year (the lowest limit of punishment recommended by the sentencing guidelines is different from the minimum limit of the applicable sentences under law, and thus the minimum limit of the applicable sentences are different from the minimum limit of the applicable sentences under law).

3. The sentence of sentence is rendered in the following circumstances and the age of the defendant;

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