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(영문) 의정부지방법원 2020.04.27 2019고단5235
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

At around 19:20 on October 26, 2019, the Defendant listened to the horses that he would be melting from the victim C (manam and 54 years of age) in a restaurant located in Yangju-si B, which is a chemical or dangerous object, and led the victim to an open top of other head parts that require approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. A written diagnosis of injury;

1. Application of statutes, such as site 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (the special person concerned] Special Injury [including a serious effort to recover damage] mitigated elements: Reduction area (the scope of the recommended area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range in law, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range under law).

3. Determination of sentence: The crime of this case with six months of imprisonment and two years of suspended sentence is a dangerous crime that could have inflicted serious injury on the victim, considering the means of crime or the level of damage;

In 1989, the defendant has been punished for a fine only once due to violent crimes.

However, this case's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc. are included in the following: (a) the defendant reflects his mistake; (b) the defendant paid 5 million won to the victim; (c) the victim does not want the punishment of the defendant; and (d) the victim does not have violent crimes after the above sentence of the fine was sentenced.

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