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(영문) 전주지방법원 군산지원 2019.10.04 2019고단807
특수상해
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is between a person who works as one-time worker for landscaping work and a victim B (the age of 49) and a peace.

At around 19:00 on April 15, 2019, the Defendant, at the “D” restaurant located in Si, Si, Gunsan-si, Da, expressed a bath to the next place of the victim who drinks alcoholic beverages together with the victim, and the victim is a tree and outside the above restaurant, and the victim is a rier, fluor, and the landscape, which is a dangerous object, was in possession, fluor, fluor of the victim's side fluor, fluor, and fluor, fluor, and fluor of the victim's left part once.

이로써 피고인은 피해자에게 약 1주간의 치료가 필요한 귓바퀴의 열린 상처의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to documentary evidence photographs and photographs;

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. 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 punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the special injury by special injury and repeated crime [Type 1] Special injury [Special Contributor] - mitigated element: In the event that victims are fully responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including serious efforts to recover damage) or has recovered from considerable damage (the area of recommendation and the scope of recommendation), the area of special mitigation, the range of imprisonment for two months to one year [the scope of recommendation corrected according to the sentencing guidelines] imprisonment for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, it shall be in accordance with the statutory minimum limit of the applicable sentencing range] [the grounds for suspension of execution] [The main pride] of sentence - The victim shall also be fully responsible for the occurrence of a crime or the expansion of damage.

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