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(영문) 광주지방법원 해남지원 2019.10.10 2019고단222
특수상해
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

1. At around 00:10 on September 12, 2018, Defendant A, within the Djudo-gun, Jeonnam-do-gun, Defendant A, on the ground of the victim’s statement that “Is the place for an increase in the number of people (50 years of age)” and the victim’s “Is the drinking value, if Is the drinking value, Is the part of the victim’s processed fluor, which is an object dangerous to the victim’s fluence, and fluor, carried out an open body around the victim’s flusium, glusium, snow pool, snow pool, and snow around the victim’s flusium.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

2. Defendant B, at the time, at the time, and place described in paragraph (1), the Defendant was suffering from a beer’s disease, which is a dangerous object against the assault of the victim A (the age of 51) as set forth in paragraph (1) and the victim’s face, and the victim’s face was removed from the beer’s face and walked up on the table, and the victim’s face was able to walk up for about two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. A written statement prepared by G;

1. Medical certificates, etc.;

1. Application of statutes on photographs of damage;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (the scope of the recommended area and the recommended punishment] special injury [the person in special form] mitigation elements: the mitigated area of punishment [the scope of the recommended punishment], the imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing] is inconsistent with the lower limit of the applicable sentencing under the law, and thus the lower limit of the sentence recommended in the sentencing guidelines for six months to one year is set at the lower limit of the applicable sentencing range under the law.

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