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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
The public prosecution in the case 2019 order453 is dismissed.
Reasons
Punishment of the crime
On June 9, 2016, the Defendant was sentenced to 10 months of imprisonment for special injury in the Gangseo branch court of the Chuncheon District Court, and completed the execution of the sentence in the Gansung Vocational Training Prison on April 8, 2017.
【The Defendant: (a) around December 7, 2018, at C’s main points located in C, a third party, the Defendant considered that the victim D(33 years of age) who drinking alcohol was a criminal by stealing the Defendant’s money; and (b) the victim “Ne 1.6 million won was stolen;” (c) the Defendant her head was her hand, her head, and her head was her for approximately two weeks, resulting in an injury to the victim, such as the snow pool and open body around the snow that requires approximately two weeks of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate;
1. Relevant photographs;
1. 112. List of reported cases;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the release of a suspect), investigation reports (Attachment to rulings, etc. for repeated crimes), court rulings, status of confinement, application of Acts and subordinate statutes on the list of related cases;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Scope of punishment by law: Six months to ten years;
2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (including a serious effort to recover damage] and the elements of mitigation [the scope of the recommended punishment], mitigation area, imprisonment with prison labor for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], in cases where the minimum of the sentence recommended in the sentencing guidelines for six months to one year differs from the minimum of the applicable sentencing guidelines in law, so the minimum of the applicable sentencing range is set within the statutory minimum of the applicable sentencing range.