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(영문) 의정부지방법원 2020.08.26 2020고단671
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:30 on December 24, 2019, the Defendant: (a) singing together with one line at “C Singing shop” in Singcheon-si B; (b) singing together with one line at the victim D (at the age of 52), and the victim E (at the age of 53), and cinger’s disease, which is a dangerous object to dispute; (c) putting the beer’s face into the beer’s face; (d) putting the beer’s disease, which is a dangerous object, on the head of E; and (e) 44 days off the face, which requires treatment; and (e) inflict injury on E, two sings that require treatment for about 14 days.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement F, E, and D of each police interrogation protocol F of the defendant, each police protocol of each police officer's protocol of statement F to E, on-site photographs, on-site photographs investigation report (Submission of DNA injury diagnosis report), diagnosis report, and injury diagnosis report;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) (including a serious effort to recover damage): Where the mitigated area of punishment (including serious efforts to recover damage) or considerable damage has been recovered, the mitigated area of imprisonment with labor for four months to one year;

(b) Crimes of Article 2 (Special Bodi Injury) (Special Bodily Injury Determination) (Special Bodily Injury and Bodily Bodily Bodily Injury) (Type 1): In cases of special injury [Special Bodily Harm (including serious efforts to recover damage): Reduction area of punishment (the scope of recommending area and recommending punishment) or damage recovery to a considerable part (including serious efforts to recover damage), reduction area; four months to one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: From four months to one year;

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