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(영문) 광주지방법원 목포지원 2019.07.19 2019고단277

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

The defendant had a de facto marital relationship between the victim B (the victim, the 46 years of age) and the 16 years of age, and was fully hedging around September 2018.

At around 21:00 on November 29, 2018, the Defendant called “D” restaurant operated by the victim in Sinpo City C, that “the victim has contacted the female-friendly job offers E at the present time of the Defendant and left the house in South-gu. A has come to the house at present.” However, on the ground that the victim collected the suspect of steel materials, which are dangerous objects located at the present, one time to cut back the back head of the victim’s back, and carried out approximately two weeks of medical treatment on the part of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A written statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. 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. 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 one year of suspended sentence;