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(영문) 수원지방법원 2019.05.09 2018고단7520
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

At around 00:00 on August 18, 2018, the Defendant, at the house of the Defendant on the floor B and I of Osan City, and at the house of the Defendant, at the time of the victim C(53 years of age) and the small-scale disease, which is a dangerous object without any special reason, had the victim's head at one time, and had the victim's head at one time, who was in drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on internal investigation (statements, etc. of reporters);

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The special mitigation area of injury, special mitigation area of injury, imprisonment with labor for two months to one year: In cases where minor injury, failure to punish (including efforts to recover damage), or considerable damage has been restored [the scope of recommendation punishment revised according to the sentencing guidelines] one year (the lowest limit of sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences) imprisonment for one year (the decision of sentence shall be based on the statutory minimum limit of applicable sentences in cases where the lowest limit of applicable sentences recommended by the sentencing guidelines are inconsistent with the statutory minimum limit of applicable sentences] The crime of this case is not less complicated than that of causing injury to the victim by carrying dangerous things, but the victim does not want to punish the defendant, and all of the conditions for sentencing as expressed in oral arguments, such as the defendant's age, character and behavior, family environment, motive and circumstance, motive and circumstance of the crime, etc., are considered.

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