beta
(영문) 광주지방법원 해남지원 2020.06.04 2020고단94

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:50 on January 27, 2020, the Defendant heard the opinion that the victim D (the age of 39) will take an examination for himself at the Cju shop, a main point located in the Jeonnam-gun, Namnam-gun B, and followed the beer's disease, which is a dangerous object at which the victim D (the age of 39) went through the examination for himself, and followed the victim's left part of the snow, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One medical certificate;

1. Application of Acts and subordinate statutes to one copy of the damaged part photograph;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for eight months, risk of a crime committed by the defendant for one year under a suspended sentence, part and degree of injury suffered by the victim, relationship between the defendant and the victim, relationship between the defendant and the victim as compensation for damages, circumstances in which the defendant paid 15 million won to the victim as compensation for damages, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered, taking into consideration