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(영문) 전주지방법원 2020.10.13 2020고단1191
특수상해
Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on May 12, 2020, the Defendant inflicted injury on the victim D (the age of 58), a business owner of the instant restaurant, such as a part of the victim’s face, the left side and the left-hand head part of the victim’s body, which requires approximately three weeks of treatment on the part of the victim, on the ground that the victim D (the age of 58) who was a business owner of the instant restaurant, had expressed a desire to fright the Defendant who was a fright at the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and F;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. One kitchen-blade (29cm in total length, 17cm in knive length, 17cc. 1), excessive one (23.5cm in total length, 12cc. m., m. 2) in excess of 10cm in length, one sled fish (2.5cm in length, m. 3) in length, and the application of Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. Extent of the recommended punishment according to the sentencing guidelines (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: The mitigated element of punishment: The motive of a crime [the scope of the recommended area and the recommended punishment] basic area, the imprisonment for six months and two years [the scope of the recommended punishment revised according to the applicable sentences] for one year and two years (the lowest limit of the sentence recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences).

3. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

- Unfavorable circumstances - The defendant's motive for committing a crime cannot be obtained, and committed.

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