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(영문) 광주지방법원순천지원 2020.08.14 2020고단770
특수상해등
Text

A defendant shall be punished by imprisonment for 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

1. Around 13:00 on May 20, 2019, the Defendant suffered injury by special injury: (a) at the victim C (A) house located in B, the Defendant 56 years old, phoneed the victim from her husband’s husband’s husband who died of beer with the victim during the beer house; and (b) at around five times due to beer disease, the Defendant inflicted an injury on the victim, who was in need of two weeks of treatment on the part of the head of the victim.

2. The Defendant destroyed and damaged the property by putting one cell phone on the floor by cutting off one cell phone equivalent to KRW 500,000 at the market price of the above victim at the time and place mentioned in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

1. Scope of applicable sentences under law: Imprisonment for six months to six years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) (including a serious effort to recover damage): Where the mitigated area of punishment (including serious efforts to recover damage) or considerable damage has been recovered, the mitigated area of imprisonment with labor for four months to one year;

(b) Crimes No. 2 (Determination of Punishment) (Destruction of Property): Damage, etc. [No. 1] Damage, etc. of Property (including Special Punishment): In a case where punishment is not granted (including serious efforts to recover damage), or a case where significant damage has been recovered (in the area of recommendation and the scope of recommended punishment), reduction area, imprisonment with labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: The maximum of crimes of April to March 1.

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