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(영문) 수원지방법원 안양지원 2018.06.01 2018고합11
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 17, 2017, the Defendant suffered special injury from E offices located in the construction site of Asan-si D Highway located in C, Asan-si, on the ground that the Victim F (57 years old) does not grant the Victim F (57 years old) wage, and the Victim F (80cm in length) has reached knife on the right side of the Victim one time with a chain (80cm in length) which is a dangerous object.

As a result, the defendant carried dangerous things with the victim about two weeks of treatment, resulting in the sprinking of the double wall in need of treatment.

2. On August 17, 2017, at G office located in the above construction site around 14:30 on August 17, 2017, the Defendant was at the time of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her shed

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Each legal statement of the witness F, H, I, and J;

1. Each description of an investigation report (as to the part on the part of the victim F damage), an investigation report (as to the submission of a written diagnosis of injury to the victim F), an investigation report (as to the submission of the written diagnosis of injury to the victim F), and an investigation report

1. Descriptions of damaged parts, each written diagnosis of injury, and the application of video Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special assault and choice of imprisonment with labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The scope of the recommended punishment according to the sentencing guidelines [basic crimes] special assault crimes [determination of types] violent crimes, assault crimes, six types (Habitual, Cumulative, Special Assaults] [Special Mitigation Elements] [Scope of the recommended punishment] mitigation area, imprisonment with prison labor for April or one year or two months [the standards for processing multiple crimes].

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