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(영문) 광주지방법원 해남지원 2019.10.17 2019고단302
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 20:00 on June 30, 2019, the Defendant, while drinking alcohol together with C, victim D, etc. (the age of 60) in Jindo-gun B, Jindo-gun, called “the victim “the victim is a woman who does not without permission for theme of fish,” she saw the victim’s b), saw the victim’s face into a breath and flad the victim’s face into drinking, and sustained the victim’s head on one occasion by getting the victim’s head on one occasion, and then inflict an injury on the victim, such as an open body, etc. on the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to C telephone calls for reference);

1. Application of statutes on site photographs;

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. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, injury by repeated crime [Class 1] Special Bodily Injury (Special Contributors): In cases of minor injury, non-specing of punishment or damage recovery from considerable part of damage [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, imprisonment from two months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence, the head of the victim as a tree who is in danger of the defendant, and the liability for the crime is not mitigated in light of the means of the crime and the degree of injury, etc.; however, the defendant reflects the defendant's wrong, the defendant seems to have committed any contingent crime by drinking alcohol, and the degree of injury to the victim is relatively minor, and the defendant appears to be relatively minor.

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