logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.10.30 2019고단1740
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 is currently in a divorce lawsuit between the victim B (n, 62 years of age) and the legal father.

At around 09:40 on August 9, 2019, the Defendant, at the home of the Defendant in the Cheongju-si, the petitioner C and the second floor, demanded the Defendant to first pay the consolation money prior to the confirmation of divorce lawsuit, and, during the horse fighting, the Defendant, at the bar of the Defendant, sustained the Defendant’s injury that the Defendant tears down the part of the last part of the body of the victim, which affected the victim’s face by metal, which is a dangerous object cited while making the horse fighting.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of related Acts and subordinate statutes;

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 punishment by law: Six months to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment], April through one year [the scope of the recommended punishment revised according to the applicable punishment], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment, and thus the minimum of the applicable punishment in law is inconsistent with the applicable sentencing range).

3. Six months of imprisonment with prison labor for a decision of sentence, two years of suspended sentence, and two years of suspended sentence: The circumstances favorable to the existence of a same kind of power: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime shall be determined by the order in comprehensive consideration of the above circumstances.

arrow