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(영문) 광주지방법원 해남지원 2019.10.31 2019고단310
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 27, 2019, the Defendant: (a) around 02:50 on 02:30 on Mapopo-si B, and on the ground that the victim D (n, 37 years of age) who caused entertainment entertainment entertainment entertainment entertainment was negligent in entertainment contact, the Defendant: (b) caused the victim by hand to be pushed down the victim’s body; and (c) caused the victim’s injury to the victim, such as an open wound of the number of days of treatment, by making the head of the victim one time, and by taking the victim’s body several times due to a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A statement prepared by the F;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, injury by repeated crime [the first category] Special Bodily Injury (the special person concerned] mitigated elements: Insignificant injury, non-won [the area of recommendation and the scope of the recommended punishment] special mitigation range, and two months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, and thus the minimum limit of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Six months of imprisonment with prison labor, and two years of suspended sentence, the defendant assaulted the victim, such as lowering the head of the victim by beer disease, which is a dangerous object, and the liability for the crime is not minor in light of the means of the crime, the risk of influence of assault, etc.

However, the defendant recognizes the crime, and the victim does not want the punishment of the defendant by mutual consent only with the victim.

It does not seem that the degree of injury of the victim is serious.

There is no criminal history for the defendant, and there is no record of punishment heavier than the fine.

(b) other.

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