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(영문) 의정부지방법원 2019.11.26 2019고단2696
특수상해
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 June 7, 2019, at around 23:25, the Defendant: (a) performed a dispute with a victim D (38 years of age) who is female employee while drinking alcohol together with his/her daily behaviors in Pyeongtaek-gun B on the ground that he/she did not appear in mind; (b) collected beer disease, which is a dangerous object on the table table, and caused the victim to inflict an injury, such as an open wound, which requires treatment for about 14 days, on the part of head of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written diagnosis of injury;

1. Notification to a department related to 112 Incident Report;

1. Application of Acts and subordinate statutes governing victim and on-site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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 includes no special injury, repeated crime [the category 1] and no 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 applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence shall take into consideration the fact that the defendant committed the instant crime even though he had a criminal record of the same kind of violence, did not recover from damage, the degree of injury of the victim, the age, character and conduct and environment of the defendant, motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime, etc.

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