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(영문) 전주지방법원 2019.05.15 2019고단219

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 18:00 on September 25, 2018, the Defendant: (a) opened “C” restaurant in front of a restaurant in the former North Korean War-gun B; (b) opened the part of the victim’s left part of the restaurant in front of the restaurant in front of the restaurant; (c) as the victim D (the 40-year-old) who was not good between the two parties, reconcept away from the plastic material, which is a dangerous thing for the victim’s head, at the bottom of the victim’s head, and opened an empty beer in the vicinity; and (d) opened the beer’s disease, which is a dangerous thing, by gathering the beer’s disease on the floor, by having the beer’s head and the beer’s body in the right side of the victim’s face, and by having the beer in the right side of the victim’s face, and opened the beer for 13 days after the end of the 13-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. Statement to E by the police;

1. A medical certificate, medical opinion, certificate of medical records, and medical certificate;

1. Application of Acts and subordinate statutes to criminal investigation reports (F telephone conversations of wooders);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (this reason is considered for the following reasons):

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

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

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. Sentence;