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(영문) 청주지방법원 2019.10.30 2019고단1737
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a worker in daily work as a ship of Chinese nationality.

On August 11, 2019, at around 20:10, the Defendant performed drinking together with the victim D (year 51) of the same nationality, which was known to the Defendant, while working in a usual labor day at the Defendant’s residence located in Jincheon-gun, Jincheon-gun, Chungcheongnam-do.

The Defendant, along with the victim, heard the victim’s speech that “When there is no Handphone containing money, it is hidden,” and found the victim’s handphone, which was located far away from the entrance and the stairs of the above Handphone, sent to the victim.

Nevertheless, the Defendant listened to the victim's words "to open a strings and to open a strings" from the victim before the entrance of the above strings, and caused the victim's injury, such as open tops of the victim's hair in the treatment days, by walking the victim's inner part of the victim several times due to drinking and head, walking the strings and head, walking the strings of the strings and walking the strings of the strings, and using stone plates (a 20 cm, 24 cm, 3 cm thick, etc.) which are dangerous articles in the vicinity, such as the victim's hair strings, and continuously walking the victim's inner part and head, etc. with drinking and strings.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and E;

1. Application of Acts and subordinate statutes to field photographs and investigation reports (Evidence Nos. 11, 12, 14 of the evidence list);

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types]. The lower limit of the range of sentence recommended by the sentencing guidelines for one to two years shall be the applicable sentencing guidelines in law. The special injury [the category 1] special area [the scope of the recommended area and the recommended range] basic area, six months to two years [the range of the recommended punishment revised according to the applicable sentencing guidelines]. The lower limit of the sentence range recommended by the sentencing guidelines for one year to two years shall be the applicable sentencing range.

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