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(영문) 의정부지방법원 2019.09.06 2019고단2131
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 16, 2019, the Defendant, at around 17:37 on May 16, 2019, performed alcohol together with the victim D (the 53 years of age) who was a breath of the same kind, in front of the C convenience store in the Gyeonggi-si, while drinking alcohol. The Defendant, who was lower than the Defendant, fluordddd the victim’s desire, and fluent the victim’s head, was fluor, and fluord the victim’s head, was fluor, thereby having the victim teared the part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (to hear statements from a victim);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [Determination of types] the special injury by special injury and repeated crime [Type 1] special injury [Special Contributor] - mitigated elements of mitigation [including serious efforts to recover damage] or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence] mitigated area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is applicable to the case where the minimum limit of the sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, and thus there is no general person [the grounds for suspension of execution] [no person].

3. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence, the crime of this case where the defendant injured the victim on the ground of the main illness, which is a dangerous object even though the criminal records of the same crime had been committed, is not good, but the crime of this case is committed in this case where the defendant led to confession and reflect on the crime of this case, and the victim did not want punishment for the defendant by receiving medical treatment after receiving medical treatment from the defendant.

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