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(영문) 대전지방법원 천안지원 2020.06.08 2020고단330
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around 17:45 on December 29, 2019, the Defendant: (a) talked with “C”, a workplace partner D (ma, 55 years old); (b) and (c) Macker’s disease, which is a dangerous object on theme B; and (d) calculated the head part of the victim’s body on one occasion and put the victim into open room for the part of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report internal investigation;

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

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year.

(a) Basic crimes: Crimes of special injury [Determination of types] Crimes of bodily injury, injury by special injury and repeated crime [Type 1] Special injury [Special Aggravation] mitigated element: Reduction element of punishment (the area of recommendation and the scope of recommendation): From four months to one year; Imprisonment;

(b) The range of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for not less than six months nor more than one year; and

3. The Defendant rendered a sentence, together with the victim, sustained injuries by having the victim’s head due to beer’s disease due to the problem of the drinking value, etc.

In light of the method of crime, the risk of crime is not so high that it is not good to commit the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

At the investigation stage, the victim does not want the punishment of the defendant by agreement with the victim.

There is no power to punish the defendant more severe than the fine.

In addition, the defendant's age, character and conduct, intelligence and environment, relationship to the victim, motive, means and result of the crime, and before and after the crime is committed.

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