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(영문) 의정부지방법원 2020.05.25 2020고단323
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Around 06:46 on December 13, 2019, the Defendant: (a) committed an assault to the victim’s face while drinking alcohol together with the victim’s D(52 years of age); (b) the victim’s face, which is a dangerous object, was parked once in the victim’s head part; (c) the victim’s face was filled in four times with the victim’s face part; (d) the victim’s face part was filled in the victim’s body part; and (d) the victim’s face part was fright up to the victim’s body; (d) the Defendant assaulted the victim’s face part with the victim’s flab and flab with the victim’s flab, and flading the victim’s head with the victim’s hair, and flad the victim’s head with the victim’s hair, and flad the victim’s hair for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (Submission of a medical certificate of injury of a victim and a copy of medical records);

1. A investigative report (STV image verification and review);

1. A report on internal investigation (on-site CCTV confirmation and change of name of the crime);

1. On-site photographs;

1. Application of CCTV Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (the special person concerned] Special Injury [including a serious effort to recover damage] mitigated elements: Reduction area (the scope of the recommended area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range in law, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range under law).

3. Determination of sentence: Imprisonment with prison labor for a six-month period, two-year criminal defendant refers to a person who is in danger of the defendant.

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