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(영문) 광주지방법원 목포지원 2019.08.09 2019고단244
특수상해
Text

A defendant shall be punished by imprisonment for 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

At around 18:00 on December 3, 2018, the Defendant was boarding a fishing vessel B at the sea in front of the speed limit of 18:00, and was doing so, the Defendant inflicted injury on the victim, i.e., the victim D (year 54) who was under operation in the fishing vessel C due to operational location, and the victim, who was under operation in the fishing vessel C, who was in operation in the fishing vessel C, caused the victim to suffer from the end that “packs the breath of the inside, unless the width is, unless the law is applicable” due to reinforced plastic, which is a dangerous article that is the hand of the victim’s breath, when the victim’s head part is cut, and then the victim’s face part is cut, and again, when the victim’s face part is taken, the victim suffered injury, such as damage to the breath of face that needs to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate, medical certificate, and medical opinion;

1. Application of on-site photographs and Cryp photographs statutes;

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, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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