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(영문) 춘천지방법원 2019.05.15 2019고단259
특수상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on December 6, 2018, the Defendant suffered injury to the victim, on the ground that the victim C (the age of 26) and the victim had been living together with the above Moel D, on the ground that there was a dispute about the issue of accompanying the victim’s new outbreak report in the interior, and on the ground that there was a lack of harmony between the victim and the above Moel D, the Defendant suffered injury to the victim, such as the injury of the victim’s head due to a glass disease, which is a dangerous object from the said subparagraph D, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports on violence incidents;

1. Application of Acts and subordinate statutes of ct v video cd, injury diagnosis report

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

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

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the special injury, repeated injury [Class 1] special injury (special person in a form): - In cases of minor injury, victim's considerable responsibility for the occurrence of or the expansion of damage to a crime, the element of mitigation [the scope of the recommended sentence and the scope of the recommended sentence] special mitigation area, the period of imprisonment from two months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, so the minimum limit of the applicable sentencing range in law is different from the applicable sentencing range] [the grounds of suspension of sentence] minor injury, the occurrence or expansion of damage to a victim, there is no criminal conviction or heavier than the suspension of execution.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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