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(영문) 전주지방법원 2019.06.12 2019고합95
특수상해
Text

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

except that 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 December 19, 2018, the Defendant 22:23, in front of the C cafeteria located in the G cafeteria, the victim D (59 years of age) was able to have the victim her friendship. During the fighting process, the Defendant saw the victim’s face at a drinking time, taken one stop of the victim’s left head at the front of the said cafeteria, and 2 call-up disease flicked at the front of the said cafeteria, which is a dangerous object in front of the entrance of the said cafeteria, and flick flick with the victim’s head at one time, and flick flick flick flick flick flick flick fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Six months to ten years from the imprisonment with prison labor for a prison labor within the scope of applicable sentences under law;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of violent crimes: [Type 1] Special Injury (Special Bodi Person] (Special Bodi Person) where the victim is fully responsible for the occurrence of a crime or the expansion of damage, in the event that the victim is also responsible for the occurrence of a crime or the expansion of damage, four months to one year [the scope of the recommended sentence] sentenced to imprisonment for 4 months and one year (the scope of the corrected recommended sentence according to the applicable sentencing]] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in case where the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The crime of this case, which committed the crime of this case by sentencing sentence, is that the defendant uses two call bottles, which are the favorable goods of the defendant, in both hands, and thereby causing the injury to the victim, and the nature of the crime is not that of the defendant.

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