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(영문) 수원지방법원 2020.03.10 2019고단7980
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

피고인은 2019. 5. 31. 14:10경 화성시 B에 있는 C역 지하 5층 자재창고 내에서, 피해자 D(여, 58세)와 업무 관련 서로 의견이 맞지 않아 언쟁하던 중 화가 나서 그곳에 있던 위험한 물건인 플라스틱 의자를 집어 들어 피해자의 얼굴 부위를 2회 가격하고, 주먹으로 피해자 얼굴부위를 1회 때리고, 피해자를 밀쳐 넘어뜨린 다음 발로 얼굴부위를 2회 걷어찼다.

As a result, the Defendant carried dangerous objects with the victim for about two weeks of medical treatment, such as brain salvins, and salvins that require approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis for each injury (investigative records, 39 pages, 55 pages);

1. Application of Acts and subordinate statutes to the scene photographs of victims and photographs of plastics;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The scope of punishment by law: Imprisonment for six to five years;

2. The 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 recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. In light of the circumstances leading up to the crime, the implements of the crime, and the degree and degree of injury as indicated in the judgment of the sentence, it is not good for the defendant to commit the crime, but the defendant seems to have committed the crime and committed against himself.

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