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(영문) 광주지방법원 2020.10.22 2020고단3822

특수상해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around 13:30 on July 1, 2020, the Defendant inflicted injury on the victim by assaulting the victim, i.e., the victim’s left upper part of the monet, which was a dangerous object that was loaded on the Defendant’s Oral part, and spawn face by drinking, on the top of dry field B’s dry field (37 years of age), with the issue of dumping food wastes into dry field, and caused the victim’s injury, such as cutting down a spath for about 28 days, by assaulting the victim.

2. Around 13:30 on July 1, 2020, the Defendant, while under the influence of alcohol at a level of 0.045% of blood alcohol content, driven falb from approximately 50 meters from the front and front of the Defendant’s home to the Ethy road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An injury diagnosis report on the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes governing special injury scene photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1) and 257 (1) of the Criminal Act that choose punishment, and Articles 148-2 (3) and 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant: (b) was sentenced to imprisonment with prison labor for the Defendant in light of the following: (c) the nature of the crime of special injury, such as: (d) the degree of damage; (e) the degree of damage was not high; and (e) the victim did not recover or agree with respect to the crime of special injury; and (e) the victim wanted to punish the Defendant; (b) the Defendant is fully recognized of the crime; (c) the motive and circumstance leading up to the crime; (d) the circumstances after the crime; (e) the Defendant’s family relationship; (e) the Defendant’s health status; and (e) the possibility of recidivism.