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(영문) 수원지방법원 안산지원 2019.06.05 2019고단1000
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

On March 4, 2019, around 23:15, the Defendant brought an injury to the victim C (n, 58 years of age) in Ansan-si, a member B, on the ground that the victim was able to calculate the drinking value, and the victim was able to drink the victim's head on the table one time, and caused the victim's head to escape from the head in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs;

1. Application of Acts and subordinate statutes to report on investigation (a video analysis in which statements are recorded by 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] special injury (including a serious effort to recover damage) or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence], mitigation area, imprisonment from 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 lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence shall be made in the same manner as the order, taking into account the fact that the defendant has recognized his mistake, that the defendant has agreed smoothly with the victim, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive, method, and result of the crime.

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