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(영문) 의정부지방법원 2018.08.30 2018고단2451
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant living in C is a person living in the same place, and there is no dispute between the victim D(70) who lives in the same place and the peace.

On May 3, 2018, the Defendant: (a) around 09:35 on May 3, 2018, while a person was eating at a restaurant with the first floor above the cafeteria in Pyeongtaek-gun, Gyeong-gun, the Defendant was the starting point for the Defendant to demand money, and carried out physical fighting; (b) on the water cup of the fraud material, which is a dangerous article on the table, the Defendant was inflicted an injury on the victim, such as a two-time open gate, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on diagnosis of injury, and photographs of victims;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of the recommended punishment on the sentencing guidelines: From September to two years and six months [the scope of the recommended punishment]; the type 1 (the habitual injury, repeated injury, and special injury) of habitual injury and repeated crime; the area of special mitigation (from September to February 6) (including specially mitigated persons); the minor injury and non-permanent injury (including efforts taken to recover damage).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after a crime, six months of imprisonment, one year of suspended sentence, and other conditions of sentencing.

The circumstances that are favorable to the disadvantage: The confession of the crime of this case; the victim does not want the punishment of the defendant; there is no other record of crime between the last 30 years; and the motive of the crime of this case can be considered (in consideration of these points, the punishment shall be determined by excluding the lower limit of the sentencing criteria).

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