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(영문) 전주지방법원 2019.10.23 2019고합39
중상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 23:00 on September 22, 2018, the Defendant knew that the victim B (the 49-year-old victim B) and his wife are in in an inhumanial relationship, and made it possible for the Defendant to have the face of the victim on the floor of hand. At around 01:30 on the following day, the Defendant made it possible for the victim to have the face part of the victim by drinking and hand room for about one hour at the same place.

As a result, the Defendant inflicted an injury on the victim by suffering from an injury to his life, such as a climatic climatic depression, which does not have two open symptoms, for about 8 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, B, and G;

1. On-site photographs of victims, CCTV photographs, and photographs of the scene of injuries;

1. Medical opinion, medical certificate, and the hospital photograph of the victim;

1. 112 Statement of report and processing; and

1. Application of Acts and subordinate statutes to each investigation report (related to the submission of the victim's status and diagnosis report, relation to the attachment of motion pictures and videos, contents of H currency of the doctor in charge, hearing of the victim's statement), and application of each internal investigation report;

1. Article 258 (1) of the Criminal Act applicable to the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Articles 32 (1) 3 and 32 (2) and 25 (3) 3 of the Act on Special Cases concerning the Dismissal of Applications for Compensation Orders and the Promotion, etc. of Legal Proceedings (the scope of liability for compensation is unclear and it is not reasonable to issue an order for compensation in the criminal

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] and the general injury to the victim of violence (a person who is a special person for a serious injury) (the scope of recommended areas and the scope of recommended sentences] basic areas, one year to two years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in October shall be on the brain side of the defendant who assaults the victim;

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