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(영문) 전주지방법원 남원지원 2019.10.01 2019고단142
특수상해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on June 4, 2019, the Defendant raised a dispute on the ground that he did not complete payment of money borrowed from the victim D (Nam, 39 years of age) who performed drinking at the same place and the Defendant used money from the Defendant in front of the cafeteria “C” restaurant located in Namwon-si, Namwon-si, Seoul, and the Defendant collected her head, who is a dangerous thing at the same time, and her head was the victim.

As a result, the defendant carried dangerous things and put up two governments and two side diversal diversology that require treatment for the victim for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Application of field photographs, CCTV images to capture photographs and CCTV video-related Acts and subordinate statutes;

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. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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

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

2. Scope of the recommended punishment according to the sentencing criteria (determined of types) (the special injury, injury by repeated crime (type 1): The factors to mitigate the punishment [the scope of the recommended area and the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], imprisonment for six months or one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, and the scope of recommended sentences in sentencing guidelines shall be determined as ordered.

[Unjustifiable circumstances] The crime of this case is committed.

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