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(영문) 춘천지방법원 영월지원 2020.03.17 2019고단596
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant and the victim B (the age of 49) are between the company fees.

At around 23:00 on November 14, 2019, the Defendant, at the main point of “D” located in Gangwon-gun C, the Defendant, on the ground that the victim would be well aware of the Defendant’s representative as a worker, followed the beer’s head, which was a dangerous object, and caused two parts of the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to internal reports and photographs;

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. 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 sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] special injury (including a serious effort to recover damage) or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence], mitigation area, imprisonment from four months to one year [the scope of the recommended sentence 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. The Defendant, who was sentenced to a sentence, inflicted a bodily injury upon the victim’s head by beer and beer who is a dangerous thing.

In light of the contents and methods of crime, the liability for the crime is not easy.

Defendant has been subject to punishment of a fine twice in 1985 and 2002 for violent crimes.

However, considering the favorable circumstances, such as the fact that the defendant was recognized to commit a crime and the fact that the defendant received a letter by mutual consent with the victim, the defendant's age, character and conduct, family relationship, motive and means of the crime, and circumstances after the crime, etc. are considered.

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