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(영문) 수원지방법원 여주지원 2021.02.01 2020고단1122
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2020, the Defendant: (a) committed two injury to the victim, on the ground that the Defendant did not comply with the Defendant’s business instructions at “C” places of work in Echeon-si, Gyeonggi-si; (b) the victim D ( South, 4* 3) and the Defendant’s business instructions; (c) each item ( approximately 1m in length, about 10cm in diameter), which is a dangerous object from the scene, and the head of the victim was taken one time at the victim’s head, resulting in approximately 12 weeks of treatment.

Summary of Evidence

1. A written diagnosis of injury by the police in relation to the defendant's legal statement D;

1. Application of related CCTV-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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of punishment [the types of punishment] shall be determined] Special Bodily Injury [the Class 1] Special Bodily Injury (including special efforts to recover damage], or where considerable damage has been recovered: The serious injury (excluding the area of recommendation and the scope of the recommended punishment] (excluding the category of special injury] basic area, six months to two years.

3. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence) was a very dangerous act that the Defendant was the head of the victim under each item.

In addition, the degree of injury suffered by the victim is very serious.

However, the Defendant appears to have committed the instant crime contingently at the end of the dispute with the victim, and agreed with the victim.

And the defendant has no criminal history of the same kind of crime.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.

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