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(영문) 수원지방법원 성남지원 2019.07.03 2019고단917
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 13, 2018, at around 02:00, the Defendant saw drinking at the “C” point located in Seongbuk-gu, Sungnam-si, Sungnam-si, to the victim D (38 years of age) who was seated next table b, and her head was collected from the Defendant and her head was her head, a dangerous object on the table.

As a result, the defendant set the number of days of treatment to the victim in the US.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Each police suspect interrogation protocol regarding D;

1. The attached photographs;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV and business statement);

1. Articles 258-2 (2) 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. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury (special person in a form of punishment] - mitigated elements: In cases of reduction of punishment (including serious efforts to recover damage) or considerable damage, [the scope of the recommended sentence and the scope of the recommended sentence] mitigation range, imprisonment for 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 law minimum limit of the applicable sentencing range, since the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the applicable sentencing range in law), and six months from one year (the minimum limit of the applicable sentencing range in law);

2. Circumstances favorable to the decision of sentence: The defendant recognized the crime of this case and divided his mistake.

There was violence between the victim and the victim, and the victim does not want the punishment of the defendant.

The defendant was sentenced to suspended sentence due to the obstruction of performance of official duties in 2013 and was sentenced to a number of violent fines.

The age, character and conduct, environment, motive, means and result of the instant crime, circumstances after the crime, etc.

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