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(영문) 광주지방법원 순천지원 2020.04.22 2019고단1897
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 15, 2019, the Defendant: (a) 23:50 on a net bus terminal adjacent to 13,03:3,000 p.m., the Defendant inflicted an injury on the victim in the number of days of treatment by cutting down the head of the victim’s disease, which is a dangerous object for the victim B and drinking on the ground that the victim was her desire to take care; and (b) 2:00 p.m. of the victim’s two parts are cut off, thereby causing the victim to suffer an injury on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inform departments related to internal investigation reports, photographs, and reporting 112 cases;

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 [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 Bodi Bodis: Damage [Special Contributor] mitigated area (the scope of the recommended punishment and the range of the recommended punishment), mitigated area, four months to one year (the scope of the corrected punishment according to the applicable sentences] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences).

3. Determination of sentence: The sentence shall be determined as ordered by taking into account the negative circumstances, such as the fact that the defendant was punished for a crime, such as assault and bodily injury, etc., several times prior to the instant case, and the positive circumstances that show the defendant's attitude to reflect his/her mistake, and the various circumstances shown in the records and arguments of the instant case, including the age, character and conduct, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., as shown in the text.

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