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(영문) 광주지방법원 2021.02.25 2020고단6419
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 45 years old) are related to the relationship that has returned for about 15 years.

On September 5, 2020, the defendant around 00:30 on September 5, 2020, around the residence of the defendant in Seo-gu, Seo-gu, Gwangju Metropolitan City, where the defendant drinks with the victim and drinks for more drinking time, but the victim speaks that it is, and the defendant does not have a place to drink the drugs prescribed by the psychosis.

For the reason that he did marine, the victim " shall die and discarded today's width" to the victim.

The phrase “the injured person goes beyond the studio of the studio and was scambling with the fluent hand on the part of the injured person, and the scam was scambling by oral scambling after causing the injured person, and then scambling the head and body of the injured person, and scambling, which is a dangerous object in the scambling at the scam of the scambling ( approximately 20cm in total length, approximately 9cm in length, about 9cm in length) and threatenings the injured person under the influence of under the influence of alcohol, and continuously scambling the right scam of the injured person with approximately 2 cm length of the dangerous object ( approximately 33cm in total length, about 20cm in length, and about 20cm in length of the day).”

“” and a threat was made.

As a result, the defendant carried dangerous things and carried them to the right kids of the victim, leading the victim to an unexplosion of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (the fact that no certificate of injury is attached);

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 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of violent crimes]. Special injury to a special victim or a repeated crime (the type of No. 1) is special injury.

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