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(영문) 의정부지방법원 고양지원 2020.02.19 2019고단3615
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

At around 20:30 on December 5, 2019, the Defendant, within the “C” factory located in Papju City B on December 5, 2019, when the victim D (the father of 27 years of age) and E, which is the father of the victim D (the father of 27 years of age), had the victim take the part of E, and had the defendant take the will of E, and had the victim take the part of E, and had the victim take the part of the dangerous articles attached to the printing machine, with an industrial alkinium ( approximately 90 cm, a diameter of 1 cm) which is an industrial alkinium, which is an object dangerous articles attached to the printing machine, and the victim took part of the part of the victim’s alkinium attached to the machine that fell down on the floor by blocking it with the left hand, and caused a suling sulfing, etc., for about two weeks treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to damaged part photographs, flag photographs, flag photographs, flag photographs, and damaged part 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 punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily: Insignificant injury [the scope of the recommended punishment] mitigation area, 4 months to 1 year [the range of the recommended punishment corrected according to the applicable sentencing range] imprisonment for six months] or for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, it shall be based on the statutory minimum limit of the applicable sentencing range).

3. The decision of sentencing is contradictory to the recognition of the defendant's error.

The degree of injury suffered by the victim is relatively minor.

In addition to the punishment of a fine for violating the Punishment of Violences, etc. Act in 191, the same kind of crime or fine shall be imposed.

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