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(영문) 춘천지방법원 강릉지원 2020.02.20 2019고단1395
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 became final and conclusive.

Reasons

Punishment of the crime

At around 23:40 on November 3, 2019, the Defendant: (a) expressed the victim D (Nam, 41 years of age) and drinking alcohol, and (b) expressed the victim’s desire to “A according to” while under the influence of alcohol, and expressed the victim’s disease, which is a dangerous object on theme B, one time the head of the victim gets off, and then put the victim’s hair on the hand at approximately two weeks of the victim’s face, with his hand taken up two times of the victim’s hair.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing CCTVs, such as a report on internal accidents (verification of CCTV at generated places), CCTV closure photographs, and CCTV images;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment with labor for up to 4 months and one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] 6-1 years (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the law).

3. Circumstances unfavorable to the determination of sentence: The circumstances in which the nature of the crime is not good in light of the risk of the method of crime: The defendant recognizes and reflects the crime, and the victim does not want the punishment against the defendant by the smooth agreement with the victim, and otherwise the defendant's age, character and behavior, environment, circumstances of the crime, and the crime.

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