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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단769
특수상해
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2020, the Defendant, at around 36:30 on July 21, 202, entered into a dispute with the victim in telephone currency with respect to the overdue issue of the Defendant’s C Card payment that he paid to the victim at around 09:30 on the same day, and found in E in Chungcheong-gun D where the victim works for the victim at around 09:30 on the same day, and caused the victim to take one-time the head of the victim at approximately 10cm by sound, which is a dangerous object on the victim’s side and dangerous object on the victim’s side (a height of about 10cm) and caused the victim to take about two-day medical treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes governing the defendant's legal statement B of the police's death examination report to the upper part of the police report, CCTV images, and photographs of the crime tools;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of the recommended sentence according to the sentencing guidelines for sentencing under Article 32(1)3 of the Act on Special Cases concerning Promotion, etc. of Litigation, etc. of Dismissal of Orders under Article 62-2 of the Social Service Order Act (in light of the fact that a criminal agreement has been reached between the defendant and the victim, it is not reasonable to issue an order for compensation) / [type 1] Special injury or repeated crime / [type 1] mitigated element of special injury: In the area of mitigation [the area of recommendation and the scope of recommendation] mitigated element of punishment: the area of mitigation [the area of recommendation and the scope of recommendation] mitigated element of punishment; the implements and method of committing the crime of sentencing from April to one year; the degree of injury suffered by the victim; the circumstances after the crime and the crime; the victim did not want the punishment of the defendant; the defendant's age, occupation, criminal record; and various factors of sentencing, including the defendant's age, occupation, criminal record, environment.

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