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(영문) 광주지방법원 목포지원 2020.06.30 2019고단1128
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is living together with the victim D (ma, 57 years of age) who is a partner of the same company in the accommodation of the company located in the company located in Jeonnam-gun apartment B apartment complex C.

On July 10, 2019, around 04:30 on July 10, 2019, the Defendant saw mixed alcohol at the accommodation of the above company and listened to the complaint that slicks from the victim, which is a dangerous object that was in the main room (25m in total length, 13cm in blades). On July 10, 201, the Defendant saw the victim as sleeps the part of the victim’s knicks, and continuously laid down a part of the victim’s left hand.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as the influence of the treatment days, the influence of the left hand, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The list of seized articles, records of seizure and the list of seized articles;

1. 112 Application of Acts and subordinate statutes to the 112 Reporting Report Report List, on-site photographs, criminal implements photographs, photographs taken by witnesses and investigation reports (to listen to telephone statements in the situation at the time of the other party to the shooting);

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 48 (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 [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment, and two years of suspended sentence: The degree of danger of the act is serious.

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