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(영문) 의정부지방법원 2020.06.29 2020고단481
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:45 on December 21, 2019, the Defendant has a dispute with the victim C (Nam, 39 years of age) at a main point located in the Namyang-si, Namyang-si, 2019.

The victim bleeped on the defendant's her her her her son, but 500cc glass residues, which is a dangerous object on theme her her her son, she laid the left-hand side of the victim once, and she laid the left-hand side of the treatment period.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Police interrogation protocol of suspect C on the defendant's court statement;

1. Application of the 112 Incident report-related department's report-related department's report photographs, and statutes governing the damaged party photographs;

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 punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment, four months to one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and the minimum limit of the applicable punishment in law is applicable).

3. Determination of sentence: The crime of this case for one year of suspended sentence for six months shall be deemed to have been injured by the victim by unloading the head of the victim one time in favor of the defendant, which is dangerous thing, in the form of a crime under one-year suspended sentence of imprisonment with prison labor.

However, there are some circumstances to consider the fact that the defendant recognized the crime, that the victim does not want the punishment of the defendant, that the victim first committed the crime of this case or that the victim committed the crime of this case.

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