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(영문) 춘천지방법원 영월지원 2019.11.26 2019고단427
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 07:30 on April 6, 2019, the Defendant, at the front parking lot of the “C” located in the Gangwon-si, Seogwon, and on the ground that the victim D (ma, 25 years of age) made several calls on the new wall and expressed the victim’s desire to leave the voice message, the Defendant inflicted an injury on the victim, such as the victim’s head and bridge (math 69cm, thickness 2.1cm) by a chain (math 69cm, thick 2.1cm).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to D or F;

1. Application of the Acts and subordinate statutes to DNA photographs, on-site photographs, and hacks photographs, diagnostic records, lists of telephone conversations, and CCTV images-cap photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. The Defendant, who was sentenced to sentence, inflicted an injury upon the victim by a pipe, which is a dangerous thing.

The defendant prepared to commit the crime escape pipe in advance, and then sought the victim's attack.

In light of these methods of crime, the quality of crime is not good.

The injured party is trying to punish the accused.

However, the defendant shows the form of reflection by recognizing the crime.

In relation to the motive and details of the instant crime, the victim's minor misunderstanding is a new wall against the Defendant.

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