logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2019.06.25 2019고단66
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, around 03:45 on April 6, 2019, has a dispute over the issue of the title, such as whether the victim D(49 years of age) and the victim was sentenced to punishment, while drinking the victim D(49 years of age) and drinking at the 6th room of the Namwon-si and the second floor C.

In 201, the victim's head was damaged by beer disease, which is a dangerous object on the table, and the victim's treatment days cannot be identified, and the victim was injured by an open address in the part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (on-site photographing);

1. Application of Acts and subordinate statutes to an investigation report (related to the submission of a victim's written confirmation of outpatient treatment);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable to the defendant;

1. The scope of punishment by law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria (determined of types) (the special injury, injury by repeated crime (type 1): Insignificant injury, non-influence [the scope of the recommended punishment and the range of the recommended punishment] special mitigation area, two months to one year [the scope of the recommended punishment corrected according to the sentencing guidelines] by imprisonment for six months and one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and therefore the applicable sentencing range in law is different from the minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, and the crime of this case for one year of suspended sentence shall have a dispute with the victim first committed at the drinking place.

In light of the motive, means, methods, etc. of committing the crime, the nature of the crime is not weak in light of the motive, means, and methods.

However, the defendant acknowledges the crime of this case.

arrow