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(영문) 춘천지방법원 2020.05.21 2019고단1300
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 15, 2019, around 21:00 on August 21, 2019, the Defendant assaulted the victim, such as: (a) around the C cafeteria located in Hongcheon-gun, Hongcheon-do, Gangwon-do; (b) under the influence of alcohol, the victim D (4 years of age) and Si flacing the victim’s body, booming the victim’s body, flacing the victim’s face, booming the victim’

As a result, the Defendant inflicted injury on the victim, such as pulververization of 1st half-water dratum, which requires treatment for about 43 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E, F and G;

1. A written diagnosis of injury;

1. Application of the Act and subordinate statutes on site photographs, X-ray 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 to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which there is no special injury [the category 1] special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the sentencing guidelines], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is in accordance with the statutory minimum limit of the applicable punishment, and thus the minimum limit of the applicable punishment in law is inconsistent with the applicable sentencing guidelines).

3. Determination of sentence: One year of imprisonment;

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