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(영문) 광주지방법원 해남지원 2019.06.13 2019고단121

특수상해

Text

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

except that 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

On February 23, 2019, at around 23:55, the Defendant: (a) had a friendly victim C (the age of 37) and a horse dispute in the small room located in Yado-gun B; (b) had been extracted from a dangerous object, which was extended and kept under the earth and sand, five times the head of the victim’s head (63 cm in length) and inflicted an injury on the victim, such as a dives open head, for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs, fluor photographs and photographs;

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. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years, the crime of this case is deemed to have inflicted an injury on the victim by removing fluor’s head, which is an article dangerous for the defendant, and criminal liability for the defendant is not minor in light of the crime implements and the risk of injury and the degree of injury;

However, the defendant reflects his mistake and seems to have committed a criminal act in kind in the influence of alcohol.

The defendant has received the victim's letter, and the victim's wife is called the defendant's wife.

In addition to the punishment of fines twice, there are no particular criminal records, and there are no criminal records of the same kind.

(b) other.