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(영문) 광주지방법원 순천지원 2020.04.17 2019고단2300

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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 22:00 on August 1, 2019, the Defendant: (a) talked with the apartment residents, such as the victim C (age 61), and talked with the head of the elderly group and the head of the Si/Gun/Gu; (b) took the knife of the knife, which is a dangerous object in the front of the knife, on his hand, and tried to find the head of the above elderly who had already returned home, and took out the knife the knife as the head of the elderly group; and (c) took the knife the knife as the head of the elderly group; and (d) knife the knife as the face of the victim three times in drinking.

As a result, the defendant carried dangerous things with the victim about two weeks of medical treatment, thereby damaging and sprinking the face face, and being sprinked with no open one.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A medical certificate;

1. Report of investigation (the photograph of knife and other photograph used for committing), application of photographic Acts and subordinate statutes;

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;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;