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(영문) 의정부지방법원 2021.01.27 2020고단5942
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2020, the Defendant: (a) expressed the desire to go to the injured party B ( South, 54 years old) without any justifiable reason, at the Maan square located in the center of 55-ro, Namyang-si, Namyang-si; and (b) thereafter, the Defendant left the victim’s left head one time with a small-scale illness, which is a dangerous object driven by the victim by driving away from the victim.

As a result, the defendant carried dangerous articles and inflicted bodily injury upon the victim at the left head of the unclaimed head.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police investigation report (such as the statement, etc. of a shote) on the suspect interrogation protocol to the defendant's legal statement B, each field photo, the list of reported cases in 112, and the investigation report (to hear the statement by telephone against the victim B

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] the scope of the recommended punishment [the scope of punishment [the scope of the recommended punishment and the scope of the recommended punishment], the scope of the punishment [the scope of the recommended punishment revised according to the applicable sentencing guidelines], special injury [the type 1] special injury [the person subject to special sentencing] - the mitigated element: the mitigated range (including serious efforts to recover damage], four months through one year (the scope of the recommended punishment corrected according to the applicable sentencing]; six months to one year;

3. The Defendant, who was sentenced to a sentence, has a record of being sentenced to punishment around 1986, around 1998, around 201, around 2016, around 2018, and around 2018, and in particular, around 2018, there is a high possibility of criticism in that the Defendant committed the instant crime in spite of the record of being sentenced to a suspended sentence of imprisonment.

The defendant has a record of being punished for a suspended sentence of imprisonment with labor due to a crime of obstructing the performance of official duties even in the police around 2015.

However, considering that the defendant has received a letter from the injured party, and the injured party also assaults the accused and fford the accused.

The age, character and conduct of the accused;

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