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(영문) 전주지방법원 군산지원 2020.02.14 2019고단1373

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 00:40 on September 7, 2019, the Defendant, within the Cju area located in 00:40 Sinsan Sinsan, drinked with D and D’s male-friendly male-child son E (the age of 22) and performed alcohol to the above D, saying, “the victim would do so at Fnart”, while the victim and the Sinbed with the victim, she called “the victim would do so so so so so so so so so so so so so so.” The Defendant collected a beer disease, which is a dangerous object on the table, was faced with the wall, led to the victim’s face, and was under the influence of alcohol by gathering the beer disease again facing the wall, leading to the victim’s face.

As a result, the defendant carried dangerous things with the victim and inflicted an injury to the victim, such as an open room for the entry that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

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 punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the scope of the recommended punishment [the person who has been injured by special injury and repeated crime] special injury [the person who has been injured by special injury] - the elements of mitigation [the scope of the recommended punishment] in cases where punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered, [the scope of the recommended punishment and the scope of the recommended punishment] mitigation area], imprisonment for four months to one year [the scope of the recommended punishment corrected by the applicable sentences] one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentences under law, and thus there is no person who has been a general person who has been sentenced to a suspended sentence] [the grounds of punishment [the person who has been sentenced to a suspended sentence of punishment] - The major pride grounds of imprisonment (including serious efforts to recover damage] - The general pride grounds: any contingent crime and no person who has been sentenced to imprisonment with labor

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