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(영문) 수원지방법원 2020.02.14 2019고합692
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 22:55 on October 5, 2019, the Defendant, in a special room of “C” located in B and 2 stories, divided conversations between the victim D (year 41) and the date of leave of absence, on which the victim D (year 41) and alcohol was good when taking a leave of absence, and caused the victim’s head by beer disease, which is a dangerous object on the table table B, and caused the victim’s injury, such as two open skins in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs and diagnostic certificates;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for April through one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines differs from the lowest limit of the applicable sentencing range in law, because the lowest limit of the sentencing range of the recommended by the sentencing guidelines differs from the applicable sentencing range in law, the minimum limit of the applicable sentencing range in law shall apply).

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime of this case committed by the defendant by beer and beer who is a dangerous object, causing bodily injury to the victim, and the nature of the crime is poor and dangerous in light of the means of the crime and the degree of damage;

In addition, the defendant has many records of punishment for the same kind of crime.

However, there is no history that the defendant recognizes the crime of this case and is against the defendant, that the defendant does not want the punishment of the defendant, and that the defendant has been subject to criminal punishment exceeding the suspension of execution.

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