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(영문) 대전지방법원 천안지원 2020.06.12 2019고단2200
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Around 01:30 on March 1, 2019, the Defendant brought an injury to the victim on the ground that the victim D (main and 40 years of age) who is her husband, did not get a telephone while drinking alcohol at a building B in Asan City, a residential area located in C, and the victim D (main and 40 years of age) who was her husband did not get a telephone. On the other hand, the Defendant brought an injury on the part of the victim, such as a kitchen, which is a dangerous thing in the kitchen of the said residential area, a kitchen (19cm length) and a kitchen (19cm length), which is one of the dangerous things in the kitchen of the said residential area, was cut about 10

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. E statements;

1. Application of investigation reports (investigation requested to the F Hospital), seizure records, and field photographs and Acts and subordinate statutes;

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

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

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Contributor] mitigated elements: Non-won of punishment [the scope of the recommended area and the recommended punishment] mitigated area, and four to one year [the range of the recommended punishment corrected according to the applicable sentencing] imprisonment for four months [the range of the recommended punishment corrected according to the applicable sentencing] (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range);

2. The method of determining the sentence is very dangerous to commit the crime, and the degree of injury suffered by the victim is not easy;

However, the defendant recognized his mistake at the investigation stage, and expressed his intention that the victim does not want the punishment of the defendant.

There is no penalty in Korea.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, the prosecutor's opinion on the sentencing, etc. shall be determined in the same manner as the disposition.

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