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(영문) 수원지방법원 평택지원 2019.07.05 2019고단410
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 9, 2019, at around 22:50, the Defendant suffered bodily injury, such as two strings, where the number of days of treatment can not be known, due to the beer’s disease, which is a dangerous object, in which the victim D(44 years of age and remaining) and drinking, have been in the middle of drinking with the victim D(44 years of age and remaining).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment 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. The defendant who was sentenced to punishment has inflicted an injury on the victim by carrying dangerous articles, and it is not good that the crime is committed.

However, in consideration of the fact that the defendant has recognized and reflected his mistake, the fact that the defendant has agreed smoothly with the victim, the relationship between the defendant and the victim, etc., the punishment as ordered shall be determined.

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