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(영문) 광주지방법원 2020.10.07 2020고단3970
특수상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 25, 2020, at around 07:25, the Defendant continued to attract the victim's hand by causing the victim's hand and the head of the victim's wall with his hand, and continued to put the victim's head into the wall, which is a dangerous object owned by the victim's head, on the floor, at approximately two weeks of medical treatment from the stairs of the studio C Studio District Building in Seo-gu, Seo-gu, Gwangju, Gwangju, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment 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] - the scope of the recommendation area and the scope of the recommendation punishment] special mitigation area, two months to one year [the scope of the recommendation punishment revised according to the sentencing guidelines] sentenced to six months to one year (the lowest limit of the punishment range recommended by the sentencing guidelines is different from the lowest limit of the applicable sentences in law, so the lowest limit of the punishment range recommended by the sentencing guidelines is different from the applicable sentences in law] - The mitigated element: The serious reflective sentence [the grounds of suspension of execution] - If the victim is fully responsible for the occurrence or the expansion of damage by the crime; the victim is also responsible for the occurrence of the crime or the expansion of damage by carrying dangerous articles: In the event of a crime, the victim's failure to pay punishment - the same kind of extenuating circumstances as the general pride, the occurrence of contingent crimes, and the degree of reflective crimes;

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

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