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(영문) 광주지방법원 2020.07.23 2020고단1907
특수상해
Text

A defendant shall be punished by imprisonment for 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

The defendant is a person who is in a marital relationship with the victim B (or both 54 and 54).

At around 09:00 on March 22, 2020, the Defendant: (a) stated that, after drinking alcohol at the ward for the C Apartment Da Apartment-gun, the victim would late be able to do so; and (b) stated that, “I would like to go out of, and would like to go out of, the victim would like to go back; (c) there was a defect in which I would like to go back; (d) the victim would go with the victim’s math and snow, which is a dangerous thing in the ward; and (d) caused the victim to go in line with the victim’s appearance and eye, I would like to go back in the days of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Evidence photographs;

1. Application of the Acts and subordinate statutes to report internal investigation (the photographing of a victim's upper body), investigation report (the photographing of a suspect who was a victim) and investigation report (the photographing of a suspect who was a victim);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment], April through one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and thus the minimum of the applicable punishment in law is inconsistent with the applicable sentencing range).

3. Although the Defendant, while under the influence of alcohol, received a family protective disposition several times due to an assault against a victim, the Defendant is not subject to the punishment for the crime of this case, such as committing another crime.

However, the defendant's recognition of the crime of this case is against the defendant, and the defendant wishes only with the victim.

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