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(영문) 울산지방법원 2021.01.22 2020고단2772
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:10 on February 18, 2020, the Defendant returned to the Defendant’s wife at the home of the Defendant’s wife located in Ulsan-dong building B B, Ulsan-gu, Seoul-gu, to the Defendant’s wife D (V, 20 years of age) who is the Defendant’s wife’s wife’s wife’s children. “I wish to go back to the Defendant’s wife at the 17:10 on the 18th day of this Tri-gu, U.S., and the opening anywhere.”

“The victim’s face is expressed as “,” and the victim’s face is expressed at the left hand, and the victim’s head was 30cm in pande (in diameter), which is a dangerous thing in the kitchen of the above house, the victim’s head was taken, his head was taken at the smell, which is a dangerous thing in the same place, and the victim was injured by the 14-day face, which requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to photographs of victims, copies of medical records, such as photographs of victims, bodies and criminal tools, etc., certificates of injury diagnosis;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [ the scope of the recommended punishment corrected according to the applicable sentencing guidelines] imprisonment for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The fact that the defendant who was sentenced to punishment of this case made a confession as a substitute for the crime of this case, and the mistake is divided as well.

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