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(영문) 대전지방법원공주지원 2020.08.14 2020고단278
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 08:30 on April 29, 2020, the Defendant listened to the phrase “I will not be able to be able to do so,” from the victim B ( South and the age of 51) who was engaged in the garmenting of clothes with the Defendant at the just correctional facility shop located in 21-45 on a long-term period of 08:30 on a public housing city, and inflicted injury on the victim, such as the opening of the left arms, the number of days of treatment of which cannot be known to the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Medical records of prisoners;

1. Application of Acts and subordinate statutes governing evidence photographs;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) of special injury, repeated crime (type 1): Special injury [special person] mitigated factors: source of punishment [the scope of the recommended area and the recommended punishment] mitigated area, period of four months to one year [the scope of the recommended punishment revised according to the sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the law, because the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the minimum limit of the applicable sentences under law, it shall be set according to the minimum limit of the applicable sentences).

3. Determination of sentence: Determination of sentence, in comprehensive consideration of all the sentencing factors expressed in the records and trial process of this case, such as the circumstances described below six months of imprisonment and the age, character and conduct, intelligence and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

3. Unfavorable circumstances: The facts that the defendant committed a crime without being aware of in the prison, and the circumstances that the degree of injury is less favorable to the fact that the degree of injury is not easy: The fact that the defendant's prior action is being taken by the victim, and there are no criminal records of the same kind.

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