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(영문) 수원지방법원 안양지원 2019.11.21 2019고단1810
특수상해
Text

A defendant shall be punished by imprisonment for six 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 March 20, 2018, at around 02:05, the Defendant made a conversation with the victim C(30 years of age) on the first floor underground of the building B at Mapopo City, in relation to the payment of the alcohol value with the victim, and made a call, and made a call at the beer’s disease, which is a dangerous object on the table, one time the head of the victim was taken one time, and the victim’s face was taken one time by selling the victim’s face on a drinking house, and suffered injury, such as a b1-day surgery, which requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes (the first type] special injury (the special person concerned] special injury [including a serious effort to recover damage] mitigated elements: In the area of mitigation [the scope of the recommended area and the range of the recommended punishment] mitigated range, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable sentencing range, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing range) of imprisonment;

2. Circumstances unfavorable to the decision of sentence: The defendant, while disputing the victim, was injured by the disease of beer and the bones of the victim, etc.;

In light of the risk of crime and the degree of injury of the victim, the quality of the defendant is not good.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The victim shall be paid KRW 10 million, and the victim shall not be punished by the agreement.

There shall be no penalty power exceeding a fine.

The health status of defendants is not good.

The age, character and conduct, family relationship, and family relationship of the defendant.

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