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(영문) 수원지방법원 2021.03.18 2020고단8248
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 10, 2020, the Defendant: (a) at the “C” restaurant located in Suwon-gu, Suwon-si, Suwon-si, Suwon-si; and (b) at the next table table D ( South, 56 years old); and (c) at the expense of the Defendant, at the victim D ( South, 56 years old);

In light of the above, the term "speaker" refers to the "speaker" of the peaker who is a dangerous object, and the peaker caused the victim's head back on one occasion with beer disease, resulting in injury to the victim, such as cerebral spes, which do not have two main points in a open space where treatment is required for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a field photograph report (the confirmation of the degree of injury suffered by a victim) on the diagnosis of injury in each written statement D and E;

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 on the suspended execution;

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 punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment that is modified according to the sentencing guidelines] of special injury and repeated crime [the category No. 1] and there is no special injury [the scope of the recommended punishment] [the scope of the punishment and the person subject to special sentencing] [the scope of the recommended punishment], six months through two years from the imprisonment [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines], one year to two years from the imprisonment (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing range

3. In light of the circumstances leading up to the Defendant’s sentencing, the commission of the instant crime, and the victim’s injury, etc., the commission of the crime is considerably poor, and the victim’s injury was not recovered until this Court.

However, there is a history of criminal punishment except for the defendant who has been sentenced to a fine of one million won as a crime of violating the Road Traffic Act in 2002.

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