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(영문) 전주지방법원 군산지원 2019.08.23 2019고단660

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 50) are each serving as a cargo driver of a cargo vehicle belonging to the C.

On February 15, 2019, around 22:45, the Defendant: (a) laid off the victim’s part of this part by gathering the glass residues, which is a dangerous thing in that place, for the reason that the Defendant would drink with the victim on drinking alcohol at the main point located in the next City D, YAD on one occasion.

In this respect, the defendant carried dangerous things with the victim and put the victim a part of the end of two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A medical certificate;

1. Application of field photographs, damage photographs statutes;

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 sentence according to the sentencing guidelines [the determination of types] the special injury by special injury and repeated crime [the first category] special injury (the special person concerned] - the mitigated element: In cases of reduction of punishment (including serious efforts to recover damage) or considerable damage, [the scope of the recommended sentence and the scope of the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the corrected recommended sentence according to the applicable sentencing guidelines] for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and so the minimum limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range] (the person who has no general form of punishment];

3. Determination of sentence: Six months of imprisonment, one year of suspended sentence, the fact that the defendant is expected to have committed the instant crime contingently during commission of the instant crime, the fact that the defendant was punished once by the driver’s assault in 2014, the fact that it is against himself, the fact that the victim was smoothly agreed with the victim, the extent of the victim’s injury is not much weighted, and other consideration, such as the age, character and conduct, etc. of the defendant.