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(영문) 광주지방법원목포지원 2020.09.11 2019고단988
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 14:13 on August 15, 2019, the Defendant: (a) brought an injury on the victim D (year 67) who had drinking in the name of the Defendant’s side while taking a bath; (b) on the ground that the victim D (year 67) who had taken drinking in the name of the Defendant was bread while taking a bath, then she saw the victim’s visual part of the victim’s eye on a plastic lick (Ga 30cm), which is a dangerous object on the customer’s side (Ga 30cm), in one time, and caused the victim’s eye to emblshe in the form of a plastic lick (Ga 30cm), so that the victim’s eye

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to report the occurrence of a special injury by the police statement protocol against D (E), internal investigation reports, photographs, such as damaged parts, CDs attached to field CCTV images, investigation reports (non-submission of an injury diagnosis certificate and change of the name of the crime) to D;

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. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence: Six months of imprisonment (no more than a fine, but the same crime is repeated despite the fact that the person has been sentenced to a fine for the same kind of violent crime, which is not agreed with the victim, taking into account all the conditions of sentencing, such as the age, character and conduct, and environment of the defendant, including the method and contents of the crime, the degree of damage, etc.);

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