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(영문) 광주지방법원 목포지원 2019.06.14 2019고단24
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 29, 2018, the Defendant: (a) around 16:10 on August 29, 2018, at C Distribution Center Cargo Registry Freight B, which had been in dispute with the victim D (30 years of age) and cargo loading problems; (b) caused the victim’s timber, face, her face, and her son’s knife with removal of snow, which is a dangerous object, three times; and (c) continuously caused the victim’s knife and her knife with his knife two times with his knife, and continuously caused the victim’s knife and with his knife with his knife, the Defendant carried out the kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. On-site and photographs of criminal tools;

1. An investigation report (Attachment of a medical certificate of injury and additional attachment of a medical certificate of injury);

1. Application of investigation reports (Attachment ofCCTV Compilation photographs), CD-related Acts and subordinate statutes;

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 Social Services 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) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Bodi Bodi Contributor): Insignificant injury [the scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the applicable sentencing range

3. Determination of sentence: 8 months of suspended sentence and 2 years of suspended sentence (where not agreed with the victim, circumstances unfavorable to the defendant, the extent of damage to the victim is minor, and the defendant's custody seems to entail excessive difficulty to his/her dependents in supporting his/her wife and disabled children, and considering that the defendant has no criminal records other than punishment imposed as a fine once for the last 10 years, etc.).

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