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(영문) 춘천지방법원 2020.05.28 2020고단162
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2019, around 00:40 on December 29, 2019, the Defendant, within the “Dju shop” of Chuncheon B Apartment Building C, Gangwon-do, and on the ground that the Defendant, while drinking a victim E (52 years of age) and drinking alcohol, was acting to the next table guest without towing, was suffering from an empty baby, which is a dangerous object on the table, with left hand, and caused an injury to the body of the victim, open in the area of snow and snow room where it is impossible to identify the treatment date by taking the face of the victim once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of a medical certificate;

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 applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the person in special form] special injury (the person in special form] - the mitigated element: the mitigated element (including serious efforts to recover damage) or considerable partial damage: [the scope of the recommendation field and the scope of the recommended punishment] mitigated range, the imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is determined according to the applicable sentencing guidelines in cases where the minimum of the sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range), and thus, the suspension of execution of imprisonment for six months to one year (the statutory minimum limit of the applicable sentencing range is considered) (the grounds for suspension of execution of sentence] - Major pride grounds: the amount of punishment not imposed -

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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