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(영문) 광주지방법원 해남지원 2021.01.07 2020고단323
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on June 6, 2020, the Defendant inflicted injury on the victim, such as d, victim E (n, 49 years of age) and tension, which were fluored in the guest room in the Namnam-gun Bridge C, Namnam-gun, Namnam-gun, and drinking, on the ground that the victim was fluored, “I return to the boarding house” on the ground that fluor was fluored two occasions of drinking, and the victim was fluord by drinking, and was fluord by gathering the chair, which is a dangerous object in that area, and was in line with the victim’s side glusium, which was in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (the statement, etc. of victim E);

1. A medical certificate of injury, etc.;

1. Application of Acts and subordinate statutes of Chapter Nine of the relevant 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable damage therefrom: In the event that the mitigated area of punishment is mitigated, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases 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), and thus, the statutory applicable sentencing range is set according to the minimum limit of the applicable sentencing range);

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence, the Defendant committed the instant crime under the influence of alcohol by assaulting a female victim who has no physical strength than himself/herself without any reason, and causing injury.

Nevertheless, the defendant does not seriously reflect his fault and punish him.

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