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(영문) 제주지방법원 2020.01.30 2019고합207
중상해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date of the pronouncement of this judgment.

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 39) and the high school alumni.

On July 21, 2019, the Defendant: (a) committed assault to the Defendant, on July 26, 2019, at the dwelling space of the Defendant in the Jeju Building D Co., Ltd., such as: (b) when returning home to the Defendant, he was able to ignore the victim’s solicitation; (c) when he gets home to the Defendant, the Defendant neglected the victim’s solicitation; and (d) the victim rather, “packed the victim’s face.”

Accordingly, the defendant caused serious injury to the victim due to the heat and wave of the eye of the coordinates.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. A certificate of the initial medical records and a copy of medical records in an emergency room;

1. Application of investigation reports (the counter investigation of first 119 first dispatched person) Acts and subordinate statutes;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), violent crimes, Type II (Special Bodily Fluor): In cases of intentional injury committed with doluences: In cases of intentional negligence, the court shall set the lower limit of the statutory applicable sentencing range in accordance with the sentencing guidelines (the scope of the recommended sentence corrected according to the applicable sentencing range) and imprisonment for not less than six months but not more than one year and not more than six months (in cases where the lower limit of the range of the sentencing recommended by the sentencing guidelines is inconsistent with the lower limit of the applicable sentencing range in law, the court shall set the lower limit of the applicable sentencing range in law); and

3. Determination of sentence: Imprisonment with prison labor for one year, and suspended execution for two years, the crime of this case was committed by the defendant by causing an injury to the real name of the left side of the victim, and the nature of the crime is poor in light of the contents and methods of the crime, the degree of injury inflicted on the victim, etc.

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