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(영문) 춘천지방법원강릉지원 2020.08.27 2020고단570
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on April 3, 2020, the Defendant observed that the Victim D (A) drinks with the Defendant’s husband E in a room No. 13 at the same time as “C” located in the East Sea (C, 48 years of age) and suffered injury to the Defendant at an open upper part of the length of about 30 m of the victim’s head, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs showing the scene photographs of a medical certificate, and the upper part of the victim's body;

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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 (including a serious effort to recover damage], or damage recovery from a considerable part of damage (the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Circumstances unfavorable to the determination of sentence: Records and pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime, in light of the risk of the method of the crime in this case: The defendant recognized the crime and reflects the fact that the victim does not want the punishment against the defendant;

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