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(영문) 의정부지방법원 2020.10.08 2020고단1930
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 (n, 64 years old) are between the inspection of "D" in Pyeongtaek-gun C.

Around 21:00 on November 20, 2019, the Defendant: (a) while she had a verbal dispute with the victim at the above inspection, she saw the victim’s neck; (b) boarded on the E-learning car to avoid the victim; and (c) the victim driven the said car, which is an object dangerous to the front of the car, and went beyond the victim’s left side of the bridge and the clothes, and went beyond the victim’s 15-day medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] shall be the range of the recommended punishment according to the sentencing guidelines (the lowest limit of the recommended punishment in accordance with the sentencing guidelines shall be set according to the law applicable sentencing guidelines, since the minimum of the recommended punishment in accordance with the sentencing guidelines is lower than the legal applicable sentencing range].

3. The crime of this case by which the defendant driving a vehicle at the end of a dispute with the victim and taking 15 days of medical treatment is deemed to have caused serious damage in light of the tool, method, mode, etc. of the crime. Thus, the defendant's liability for the crime of this case is not weak.

(c).

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