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(영문) 광주지방법원 목포지원 2020.02.14 2019고단735
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 21:00 on January 27, 2019, the Defendant attached a vision on the ground that the victim D (the age of 61) who frighted to walk and drink at the “C” house located in Yong-gun, Youngnam. Around 21:00, the Defendant: (a) frighted on the ground that the victim D (the age of 61) frightened to a different table; (b) frightened the victim before the foregoing drinking house; (c) frightened the victim’s body at the end of the dispute; (d) frightened the victim’s face at five times; and (e) frightened the victim’s fear, the Defendant tried to open the front door of frighten; (e) frighted the victim to stop on the side of the near side; and (e) frighted the victim’s body to prevent the victim from going to the right side of the vehicle; and (e) found the victim’s bridge to the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to damaged photographs, diagnostic reports, investigation reports (written request for medical care benefits and accompanying photographs);

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment;

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. Determination of sentence: Determination of sentence: under normal circumstances, considering the gravity of injury inflicted on the victim in eight months of imprisonment, the victim’s wishing to impose a severe punishment against the defendant, the fact that there is no excess penalty of fine, the fact that there is no record of crime exceeding the fine, the fact that the State or a local government reflects the mistake, the fact that the defendant has completed the repayment of the medical expenses of the victim paid by the State or a local government,

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