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(영문) 광주지방법원 목포지원 2019.08.13 2019고단394

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

Around 18:40 on March 24, 2019, the Defendant asked the victim D(the 61 year old), who is a neighboring party, to “I am drinking,” and the victim asked the victim “I am drinking,” to “I am fried, I am a dangerous object on the floor of I am to the beer disease, which is a dangerous object on the floor of I am am, and caused the victim to inflict an injury on the victim, such as the snow soften, open body in the area around the snow, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes on photographs, photographs, and the like;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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 six months, suspension of execution for two years, community service hours for 80 hours;