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(영문) 전주지방법원 군산지원 2020.02.14 2019고단1544
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 22:10 on June 13, 2019, the Defendant: (a) under the influence of alcohol at “Cju” located in Sinsan City B; (b) was asked by the victim D (the 51-year-old-old-old-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-pocked-

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each photograph;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

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 punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the person in special form] the special injury [the person in special form] the mitigated element] - the mitigated element: the mitigated area of punishment (including serious efforts to recover damage) or a considerable partial damage [ the scope of the recommended punishment and the scope of the recommended punishment revised according to the sentencing guidelines] one year [the scope of the recommended punishment revised according to the sentencing guidelines] imprisonment for 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, and thus there is no person in general form of suspended sentence] [the grounds for consideration] - The major pride grounds for sentencing [the person in general shall be subject to the statutory minimum limit of the applicable sentences] - The commissioner of the punishment (including a serious effort to recover damage) - The general pride grounds: any contingent crime, or any criminal record of not less than a suspended sentence for the last 20 years;

3. Determination of sentence: 6 months of imprisonment with prison labor, 2 years of suspended execution, and the fact that illegality cannot be deemed to be less severe in light of the motive, method, and consequence of the crime is an unfavorable sentencing factor, the victim and the victim have reached a full agreement, and the victim did not have a heavier punishment than a fine, and the victim has no capacity to commit violent crimes after being punished for obstruction of performance of official duties in 202.

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