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(영문) 대전지방법원 천안지원 2020.05.25 2019고단3003
특수상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On November 4, 2019, at around 20:45, the Defendant suffered an injury on the treatment days, such as the victim E (Nam, 21 years of age) who was living together with D, her mother, in the residence of the Defendant in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201, her horse to speak, and caused the victim to her horse to her end, thereby reducing alinium sium flick, which is a dangerous object at which the victim was examined, and her head flick and drinking, and caused the victim's injury on the treatment days, such as the victim's humping into hume and the demand for hole.

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

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Legal statement of witness E;

1. Statement to E by the police;

1. Written statements prepared in D;

1. Application of statutes on site photographs;

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

2. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

3. Six months of imprisonment to be suspended; and

4. Reasons for sentencing under Article 59 (1) of the Criminal Act of suspended sentence;

1. The scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year.

(a) Basic crimes: Crimes of special injury [Determination of types] Crimes of bodily injury, injury by special injury and repeated crime [Type 1] Special injury [Special Aggravation] mitigated element: Reduction element of punishment (the area of recommendation and the scope of recommendation): From four months to one year; Imprisonment;

(b) The range of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for not less than six months nor more than one year; and

3. While the Defendant was in a dispute with her mother, he/she left the same birth, which was a victim of such a dispute, several times with alkinium.

In light of the method of crime, the risk of crime is not so high that it is not good to commit the crime.

However, the defendant seems to have led to confession and reflect on the crime of this case.

In particular, the victims who are the same children do not want the punishment of the defendant.

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