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(영문) 광주지방법원 2020.12.16 2020고단3689
특수상해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on June 17, 2020, the Defendant: (a) considered that the content of “D” as referred to by “D” in the Gwangju Mine-gu, Gwangju, would play for himself; (b) caused the beer’s disease, which was a dangerous object on the table, to go on the table table; and (c) caused the victim to undergo the surgery, etc., for about three weeks, suffered injury, such as a closed flasing so that the victim need to receive treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate (35 pages of investigation records);

1. Articles 258-2 and 257 (1) of the Criminal Act applicable to 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 Articles 32 (1) 3 and 25 (3) 3 (in cases where an agreement has been reached between the defendant and the applicant for compensation, and the existence or scope of liability is not clear) of the Act on Special Cases concerning the Dismissal, etc. of Application for Compensation Order;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the scope of the recommended punishment] - the mitigation element: the reduction area of punishment [the scope of the recommendation area and the recommended punishment], the imprisonment for four months to one year [the scope of the recommended punishment as corrected according to the sentencing guidelines] [the scope of the recommendation range corrected according to the sentencing guidelines] six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range of the sentencing range is inconsistent with the statutory minimum of the applicable sentencing range] [the grounds for suspension of execution] - There is no person who has a statutory minimum of the applicable sentencing range] [the grounds for suspension of punishment] - Where a person commits a crime by carrying dangerous articles: General pride; there is no criminal offense; general illegal reason that has no criminal conviction or more than the suspended sentence;

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

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