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(영문) 광주지방법원 해남지원 2020.04.23 2020고단14

특수상해

Text

A defendant shall be punished by imprisonment for six 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 22:00 on October 2, 2019, the Defendant committed assault at one time to the right end of the victim by gathering a fright of the victim, on the ground that the victim did not pay the friite value for the reason that he did not pay the friite value while drinking alcoholic beverages, together with four persons, including the victim D (the 62 years of age) in the Cnobyado-gun B.

Accordingly, the defendant carried dangerous articles with the victim, who did not have two wounds that require treatment for about 14 days, and who did not have two wounds, damage the sacrife of ye and the sacrife and injure the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes, including Chapter 9 photographs attached thereto, to a report on investigation (a photograph of the scene of occurrence and the part of injury);

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: The crime of this case in light of six months of imprisonment, risk of tools used by the defendant for a year of suspended sentence, and side of assault by the defendant, etc., shall not be less than that of the crime of this case;

(b).