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(영문) 전주지방법원 2019.06.27 2018고단2455
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 11:00 on October 18, 2018, the Defendant, at the house of the victim C, who was a pro-friendly apartment in the Yansan-gu B apartment Dong-gu, Yandong-si, and proposed to have a vehicle parked as the victim, but the victim refused to move his/her face on the ground that he/she was aware of the victim's refusal, he/she suffered bodily injury, such as two open wifes where the victim needs to receive approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of Acts and subordinate statutes on the report of internal history (related to brush photographs);

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 year to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the person in special injury and repeated injury] [the person in special appearance] special injury [the person in special appearance] - serious injury (excluding the type of special serious injury) - the victim who is vulnerable to the crime [the scope of the recommended area and the recommended punishment] special aggravation area, one year to four years [the person in general who has been sentenced to suspension of execution] and no reason for suspension of execution [the person in general who has been sentenced to suspension of execution].

3. Determination of sentence: The defendant is against himself while making a confession of the crime of this case.

On May 2, 2018, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months on the grounds of obstruction of performance of official duties, etc., and the judgment became final and conclusive on May 10, 2018, and again came to commit the instant crime during the suspended sentence to be known.

There was no agreement with the victim at all.

Other circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, family relationship, motive and consequence of the crime, and circumstances after the crime.

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