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(영문) 의정부지방법원 2018.08.17 2018고단2255
특수상해
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

1. On January 23, 2018, the Defendant collected a beer’s disease, which is a dangerous article on a table table, and collected the victim’s head on a one-time basis, and carried out two strings of the number of days for treatment, etc., in the “E” 1st underground floor D, Macheon-si, Macheon-si, Mancheon-si, and drinking with the victim’s victim B(42 years of age) and drinking with drinking with drinking with the victim’s drinking with the victim’s lab.

2. Defendant B, at the time, and at the place specified in paragraph (1), sent the victim A (46) to the victim who suffered the injury as above, and went beyond the floor, and followed the victim’s neck and the inside part of the inside and outside part of the body, and led the victim to an unexplosion of the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. The F and each G statement;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; the choice of imprisonment

1. Defendant A who is to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants on probation: The reasons for sentencing under Article 62(1) of the Criminal Act

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment for six months to five years; and

(b) Not applying the sentencing criteria: Offenses for which the sentencing criteria are not set; and

(c) Determination of sentence: Imprisonment with prison labor for eight months and two years under suspension of execution: Circumstances that are disadvantageous to the nature of the crime in light of the risk of the commission of the crime and the method thereof: The confession, the fact that the victim has agreed with, the fact that there is no previous conviction exceeding the fine, and other records of the crime and various conditions of sentencing that are shown in the trial process, such as the age, sex, environment, motive and means of the crime, etc., shall be determined as per the order, taking into consideration all of the circumstances of sentencing

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment for one month to seven years; and

B. Application of the sentencing guidelines [the type of determination] violent crimes, general injury, and type 1 (general injury) [the person who is subject to special sentencing] mitigation factors: The person who is not subject to punishment [the scope of recommended punishment] is sentenced to two months to one year (the scope of mitigation).

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