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(영문) 의정부지방법원 고양지원 2018.11.23 2018고단2041
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On May 20, 2018, the Defendant, at around 23:50 on May 20, 2018, thought that the victim E (18 taxes) who is the customer, would be able to repair her and female friendliness at the drinking house of the trade name “D,” operated by the victim C in Il-dong-gu B2, U.S., Dong-gu, U.S., and that the victim E (18 taxes) would be her and her female friendliness, she has broken off the entrance door of the room in which the victim E is a dangerous object, and continued to remove her flick, and led to the shouldered her part of E face.

Accordingly, the defendant carried dangerous articles and damaged the victim C's market price of 200,000 won, and the victim E suffered approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Report on internal accidents (in-depth on the contents of telephone conversations between wooden persons G);

1. On-site photographs (sticker's disease, etc.);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Application of the sentencing criteria;

(a) Class 1 Crimes (Assaults) (Extent of punishment); Special Bodily Injury; Bodily Injury (Special Bodily Injury) in the basic area (six months to two years) (Special Mitigation/Aggravations) (Special Mitigation/Aggravations) / Non-Aggravation of punishment;

(b) Type 1 (Special Destruction, etc. of Cumulative Offense) (Scope of Punishment) in the mitigated area (one month to eight months) (Special Mitigation Persons) (Special Mitigation Persons) for a repeated offense and special damage;

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years and four months (Provided, That the scope of the sentence recommended by the sentencing guidelines does not coincide with the scope of the applicable sentencing guidelines in law, and the lower limit of the punishment is based on the statutory applicable sentencing range);

3. Determination of sentence, the method of committing the instant crime.

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