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(영문) 광주지방법원 순천지원 2021.02.25 2020고단2697

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 17, 2020, the Defendant, at around 23:00, inflicted an injury on the number of days of treatment, such as the victim D ( South, 61 years old) and the beer’s disease, which is a dangerous object to the frighter in this case, at around 23:0, the Defendant had been suffering from the injury of the victim during the period of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on internal investigation (the statement, etc. of a victim);

1. Application of Acts and subordinate statutes to a report on investigation (not attaching a medical certificate);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the favorable circumstances among the grounds for sentencing) of the Criminal Act (the grounds for sentencing);

1. Scope of the recommended punishment according to the sentencing guidelines [the type of punishment] [the scope of the recommended punishment [the type] of special injury and repeated injury [the person subject to special sentencing] - Special injury [the scope of the punishment [the area of recommendation and the scope of the punishment] - mitigated elements: Reduction area of punishment [the scope of the punishment corrected according to the sentencing guidelines], April through one year [ the scope of the recommended punishment corrected according to the sentencing guidelines] 6 months to one year (the minimum limit of the punishment corrected according to the applicable sentences] [the grounds for suspended sentence] during the period of suspended execution; and

2. The Defendant, who was sentenced to a sentence on October 29, 2019, was sentenced to one year of imprisonment with prison labor for interference with the performance of official duties on the part of October 29, 2019, and the judgment became final and conclusive on November 6, 2019, and committed the instant crime during the period of probation, and only a statutory penalty for special bodily injury is prescribed in the case of imprisonment with prison labor for the Defendant

Considering the favorable circumstances, such as the fact that the injured person does not want to be punished against the accused, the fact that the accused reflects the wrong, the punishment as ordered shall be determined by taking into account the age, sex, environment, family relationship, circumstances after the crime, etc. of the accused and the various conditions of sentencing specified in the arguments and records of the case, such as the circumstances after the crime.