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(영문) 수원지방법원 안양지원 2019.11.27 2019고단1331
특수상해
Text

A defendant shall be punished by imprisonment for 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 23:30 on June 15, 2019, the Defendant: (a) while drinking the victim D(48 years of age) and alcohol at the main point of “C” located in B during the 23:30 game, on the ground that the victim took a bath, and (b) caused the victim’s head one time by beer, which is a dangerous object on the table, and caused the victim’s injury to the victim, such as the number of days of treatment being treated, two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of D;

1. Application of on-site photographs, suspect photographic photographs of damaged parts of DNA;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Reduction elements of punishment (including serious efforts to recover damage) or considerable damage, in the event that the scope of the recommended sentence according to the sentencing guidelines (determination of types) according to the sentencing guidelines is reduced [the scope of the recommended sentence], reduction scope of punishment (including the scope of the recommended sentence], months from April to one year (the scope of the corrected recommended sentence] from June to one year (the lower limit of the scope of the sentence recommended by the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing range, and thus the lower limit of the applicable sentencing range shall be set according to the statutory applicable sentencing range).

3. In full view of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of

The crime of this case was committed while the defendant was drinking with the victim, and at the same time the head of the victim was assessed as beer's disease, and the nature of the crime is heavy in light of the type of crime.

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