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(영문) 전주지방법원남원지원 2020.12.01 2020고단159

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 04:23 on March 16, 2020, the Defendant: (a) in front of the “C convenience store” located in Namwon-si B; (b) in a dispute with the victim D (Nam, 57 years of age) who had drinking alcohol and returned to Korea, the Defendant was bread with the victim, and the victim was pushed the Defendant, causing the Defendant to go beyond the floor; (c) in turn, the Defendant was fluoral disease, which is a dangerous object in front of the convenience store, prices the head part of the victim’s body by taking the main part; and (d) at the price of the head part, the victim was flicked with a dangerous object, and caused the victim’s injury to the victim’s right part by carrying a dangerous object for about nine (9) days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Investigation report (related to statements of E, together with the site at the time);

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV closure photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the suspension of execution (hereinafter “the grounds for the suspension of execution”)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. Scope of the recommended sentence according to the sentencing criteria (determined of types) of violent crimes: Special injury (type 1) resulting from the injury by special injury and repeated crime (type 1): Reduction elements: Non-won of the punishment [the scope of the recommending area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing] imprisonment for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the statutory minimum limit of the applicable sentencing range, in cases where the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range).

3. Determination of sentence: One year of imprisonment, two years of suspended sentence, and the following circumstances shall be taken into consideration, and the defendant's age, character and conduct, environment, motive for committing a crime and circumstances after committing a crime are shown in the pleadings of this case.