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(영문) 전주지방법원 남원지원 2020.02.11 2019고단306
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 01:40 on September 9, 2019, the Defendant, while drinking alcohol together with “C” No. 2, the main store located in Namwon-si B, Namwon-si, and the Defendant, as a matter of drinking value, had a dispute with each other, and had a face face of drinking from the victim, caused the victim to scambling so that he/she was scambling, and caused the victim to inflict an injury on the head of the victim, such as “heat,” which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to photographs of victims and photographs of strawer’s disease;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable for the following reasons;

1. The scope of punishment by law: Six to five years of imprisonment;

2. Reduction elements of a special injury (type 1) resulting from an injury by special injury or repeated crime (type 1): In cases where victims are fully responsible for the occurrence of or the expansion of damage to a crime even, the amount of punishment not to be imposed [the area of recommendation and the scope of recommendations] special mitigation area, two months through one year [ the scope of recommendations modified by the applicable sentencing guidelines] sentenced to six months through one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing under law, and thus the lower limit of the applicable sentencing range under law is applicable).

3. Determination of sentence: Six months of imprisonment, the implements that the defendant exercised for one year of suspended sentence, and the risk of injury to the defendant are disadvantageous to the defendant.

However, the defendant recognizes the crime of this case.

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