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(영문) 수원지방법원 2019.06.13 2019고합106
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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 September 2, 2018, the Defendant: (a) around 17:58 on September 2, 2018, on the ground that the Defendant did not go to the “Ccafeteria” located in the Gyeonggi-si, Gyeonggi-do, and whether the Defendant did not go to the direction of the victim D (the 62 years of age) who is the owner of the business, and followed the table, and then laid down the body of the victim at one time on the left side of the victim’s body by putting the chair, which is a dangerous object, on his hand.

As a result, the defendant carried dangerous things with the victim and put about about 14 days of treatment to the victim, such as snow grass and open wound around snow.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate of injury, or victim's photograph;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommendations on the sentencing criteria [the determination of types] the scope of recommendations [the scope of special injury and repeated injury [the category 1] special injury [the scope of recommendations and recommendations] mitigation elements: Reduction area of punishment [the scope of recommendations and recommendations] mitigation area], imprisonment for four months to one year [the scope of recommendations corrected according to applicable sentences] by imprisonment for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences, and the minimum limit of applicable sentences is set according to the law applicable sentences).

3. Determination of sentence: One year of imprisonment, and two years of stay of execution, the crime of this case is committed by a steel processor who is a dangerous object, and the victim's face face is faced with an injury on the body of the victim, and the liability for the crime is not minor;

The defendant has been punished six times for the same violent crime (one suspended sentence, five times for a fine).

However, the defendant led to the crime of this case in a contingent manner under the influence of alcohol, which led to the defendant's confession of the crime of this case, that his mistake is divided, that the victim does not want the punishment of the defendant.

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