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(영문) 광주지방법원 목포지원 2020.05.08 2019고단953
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

Punishment of the crime

At around 22:15 on July 26, 2019, the Defendant was suffering from disturbance on the ground that the employee had mistakenly calculated the drinking value at “C” house located in Fab City B, and had the victim D (the age of 35) who had drinking alcohol at that place “dying to another place, so as to dying off the drinking,” the Defendant dying of the horses, “hying to another place,” and dying of the victim’s eye, which is a dangerous object on the table of the table, and dying of the victim’s eye, caused the victim’s injury, such as the snow eye and open body around the eye for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. E statements;

1. Photographs of damaged parts, etc.;

1. Application of Acts and subordinate statutes to report internal investigation (attached to a medical certificate submitted by D), and medical certificate;

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 [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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