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(영문) 광주지방법원해남지원 2020.10.22 2020고단190
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

On November 5, 2019, the Defendant: (a) around 17:33, 2019, Da apartment E, a residence of the victim C (Nam and 54 years of age), who was in his/her own residence, was a dangerous thing (31cm in total length, 21cm in length) that the victim was unable to repay the money he/she borrowed; (b) and (c) while the victim was challenged with the victim, the Defendant sought the part of the victim’s face with drinking, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the Defendant carried dangerous things with the victim, thereby causing injury to the victim, such as cerebral rheat, which has no two heat ruptures requiring treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the victim C damaged photographs and criminal implements 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 punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the first category] special injury (the special person concerned](including serious efforts to recover damage) or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence] mitigated area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for six months and one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the law applicable applicable sentencing range).

3. Determination of sentence: Six months of imprisonment, one year of suspended sentence, and relationship between the accused and the victim;

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