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(영문) 의정부지방법원 2021.02.19 2019고단5464
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2019, the Defendant: (a) resisted the state of hygiene of the victim C (54 taxes) in front of the D cafeteria operated by the D cafeteria, which was located in B, around August 13:13, 2019, the Defendant carried out a broom, which is a dangerous article around the D cafeteria, in which the victim’s face is taken at a time, and brooms, which is a dangerous article in the vicinity of the D cafeteria, and displayed the victim’s shoulder, brooms and brooms in the part of the tree knick, with dangerous articles, carried the victim’s shoulders, booms, and booms, which require approximately two weeks of medical treatment.

Summary of Evidence

1. A written diagnosis of injury C to the police suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes on the screen by photographing damaged photographs and CCTV caps;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the scope of the punishment [the scope of the recommended punishment]; the basic area of the punishment [the scope of the punishment and the scope of the recommended punishment]; six months to two years; and

2. Determination of sentence: The defendant, six months in prison, was sentenced to imprisonment with prison labor, and the defendant, as a food, made several times to the face of the victim, and broom tree loss, which is a dangerous object, was injured by the victim, with the thickness of the victim, the knife toward the part of the broom, and the victim was injured by the knife;

In light of the degree and attitude of the victim's use of force at the time of the crime of this case, the crime is not likely to be committed.

The injured person wanted to punish the defendant.

However, considering the favorable circumstances in which the defendant has no record of criminal punishment, the punishment is determined as ordered in full view of all the factors such as the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.

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