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(영문) 광주지방법원 순천지원 2020.06.26 2020고단217
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, 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

The Defendant is a person operating “B”, and the victim C (Nam, 25 years old) is a person who is performing management work of female employees in the above “B.”

The Defendant, from around 05:00 on August 27, 2019 to around 06:00 on the same day, was drinking alcohol at around 06:0, the Defendant: (a) stated that the victim was able to take a bath for himself/herself; (b) stated that he/she was obscencing the above room and “I do not have any brus in the place where the ship is on board”; (c) stated that the victim was obscencing; (d) however, the Defendant was scencing the victim’s head at the right right part of the victim’s head on three occasions; and (e) caused the injury, such as the head and other part of the body requiring three weeks medical treatment.

Accordingly, the defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police and the prosecutor's office concerning C;

1. The police statement of E, F, and G;

1. A medical certificate;

1. Medical records;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction area of punishment [limited to the recommended area and the range of recommended punishment], reduction area, imprisonment for four months to one year [limited to the range of recommended punishment corrected according to the applicable sentencing], one year (in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, the minimum limit of the applicable sentencing range shall be set according to the law applicable sentencing range).

3. Determination of sentence: One year of imprisonment and two years of suspended sentence shall be the price of the head of the victim;

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