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(영문) 광주지방법원목포지원 2020.09.25 2020고단431

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

At around 22:35 on January 8, 2020, the Defendant: (a) committed an injury to the victim, such as two open points, where two weeks of treatment is required for two weeks of the victim’s head, while arguing with the victim, as the instant case involves singing by the victim D (manam and 36 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. On-site photographs, victim’s upper parts, investigation reports related to the attachment of ctv images, one CD-1, and photographic data related to ctv images;

1. Application of Acts and subordinate statutes of a medical 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. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;