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(영문) 수원지방법원 2019.06.14 2019고합42
특수상해
Text

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

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 October 15, 2018, at around 08:30 on October 15, 2018, the Defendant took part in the Defendant’s residence located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, on the ground that the Defendant’s protein C (here, 57 years old) was found, and that the mother with dementia was not able to properly look at the Defendant.

The defendant, as a drinking, has taken the head and face of the victim into a room and throw away it into the room, has taken away the victim's visit from the wall room, which is a dangerous thing of the victim, and has taken the victim's visit from the wall room, and has taken the part of the head of the victim's face back to the shoulder.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as flaging, which requires treatment for about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. The defendant and his defense counsel asserted to the effect that no fact was found when the victim was boomed. However, in light of the content of the victim's statement and the circumstances acknowledged by the aforementioned evidence, the process and circumstances of the crime reported by the victim to the police after the instant case, and the part and degree of the victim's injury, and the attitude and form of the victim's injury, it can be sufficiently recognized that the defendant inflicted an injury on the victim when the victim was boomed by the victim. Accordingly, the above assertion by the defendant and his defense counsel cannot be accepted).

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) shall be limited to violent crimes; and the same shall not apply to special injury (the first type) for a special injury or repeated crime.

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