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(영문) 의정부지방법원 2020.05.15 2019고단5740
특수상해등
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

The Defendant, as the victim B (the age of 59), the victim C (the age of 68) and the victims, and the Defendant and the victims were drinking together in the 'E located in Guri-si D' on October 1, 2019, which was under the influence of alcohol on October 1, 2019, and the Defendant was under the influence of alcohol, and was under the influence of alcohol that the victim B was fluored for returning home.

1. The Defendant suffered special injury, at the above date and time, while fighting with the victim B, was in line with the victim’s head part, etc. from the victim’s slurf, and the victim’s slurf was slurfed by the victim’s slurf, and the victim’s slurf and head part were slurfed one time each, and the victim’s face was exposed to approximately four weeks of treatment and damaged the victim’s slurfy and other parts.

2. In the above date, at the above time and place, the Defendant suffered from the victim C the assaulting of B, as described in the above Paragraph 1 above, the Defendant, by hand, was in the victim’s body, and was in the victim’s face at one time, resulting in the victim’s bodily injury, such as salt, tensions, and tensions that require approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol concerning B and C;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes on a novel, Sick photograph and a caps;

1. Relevant Article of the Criminal Act, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act (the point of special injury), Article 257 (1) of the Criminal Act, and the choice of imprisonment for an injury to a criminal;

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 applicable sentences under law: Imprisonment for six months to seven years;

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

(a) Category 1 (Special Bodily Injury Decision) (Special Bodily Injury) Crimes; 02. Special Bodily Injury and Cumulative Bodily Injury [Type 1] Special Bodily Injury (Special Bodily Harm) - Reduction element: Penalty not (including serious efforts to recover damage) or

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