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(영문) 전주지방법원 2020.10.27 2020고단1081
특수상해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 13:00 on April 3, 2020, the Defendant laid the victim E (n, 51 years of age) and the 'D' of the first floor in Jeonju-si B, Jeonju-si B, C, and C'D with wage problems. On the other hand, the Defendant laid the hot water, which is a dangerous object by using the country in which it was located, and then put the victim into the right sprink for about 3 weeks to the right side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the victim's photograph and diagnosis report;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Six months to five years from the imprisonment with labor for a prison labor within the scope of punishment by law;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. It cannot be readily concluded that all the matters that had been between the Defendant and the victim on the sentence have caused the fault of the Defendant in whole, and it is inevitable to impose criminal liability on the Defendant to a certain extent on the part of the Defendant, taking into account the fact that the Defendant did not have any history of having committed the same kind of crime or having received criminal punishment exceeding the fine, but the victim suffered considerable injury due to the Defendant’s crime and the victim sought the punishment of

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined the same as the order.

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