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(영문) 광주지방법원 목포지원 2020.06.26 2019고단1068

특수상해

Text

A defendant shall be punished by imprisonment for six 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

At around 13:20 on August 20, 2019, the Defendant visited the first floor of a hospital located in B at Sinpopo City, and then visited the victim C (here, 27 years of age) who is an employee of the Ministry of Foreign Affairs (here, she would wish to undergo hospital treatment) of the hospital. However, the Defendant heard the victim’s phrase that “it is possible to undergo hospital treatment at our hospital after obtaining a written request for early medical treatment” from the victim, and caused the victim’s injury, such as sugar, where there is no one open to require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the injury diagnosis report and internal investigation report (related to the attachment ofCCTV images);

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. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence (including the case where the degree of damage is insignificant and the case where the agreement is reached smoothly with the victim and the case where there is no criminal record during the last ten years);