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(영문) 광주지방법원 2020.11.11 2020고단3025

특수상해

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 03:00 on February 28, 2020, the Defendant, along with the victim C (Nam, 48 years of age) and the victim's friendship D, performed drinking together with the Defendant, who was in danger of the victim's left side, once knee and knee in need of treatment for about 14 days to the victim, while the Defendant was drinking together with the victim C (mae, 48 years of age) and the victim's friendship D on the ground that the victim's disregarded himself.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to copies of the injury diagnosis report;

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 punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the special injury, repeated crime [the scope of the recommended punishment] without any special injury [the scope of the recommended punishment] [the range of the recommended punishment and the person subject to special injury] [the scope of the recommended punishment]], six months to two years [the scope of the recommended punishment corrected according to the sentencing guidelines] sentenced to six months from six months to two years from the imprisonment (the minimum limit of the sentence recommended in the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable punishment, and the minimum limit of the applicable punishment is applied to the case where the minimum limit of the sentence recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable punishment] [the grounds for suspension of sentence]] (where a person commits a crime by carrying dangerous articles: there is no contingent crime, no criminal conviction or suspended sentence of execution of sentence, -

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