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(영문) 광주지방법원순천지원 2020.11.13 2020고단2396
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 10:30 on August 31, 2020, the Defendant brought a dispute with the Defendant on the ground that the Victim C (Nam and 59 years old) did not work properly at the Yacheon-ro, Mancheon-ro, Mancheon-ro, 790, a Mancheon-ro, a Mancheon-ro, which is a dangerous object, extracted from the Plaintiff to attract the Defendant to the Defendant, left the Defendant’s head at one time with the part of the window, which is a dangerous object, and extracted from the Plaintiff, and put the victim’s face at one time by drinking on the right side, and caused the said window to wear the back part of the victim’s left part of the victim’s body by an Agary-ro, where the number of days of treatment cannot be known to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, D, and E;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the report of investigation;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: The Defendant, who was sentenced to imprisonment without prison labor or a heavier punishment for six months, committed the instant crime at the time when three years have not passed since the execution of the sentence was completed or exempted, and thus, is disqualified from the suspension of execution pursuant to the proviso to Article 62 of the Criminal Act.

The special injury crime of this case requires the sentence of imprisonment only because of the statutory penalty.

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