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(영문) 전주지방법원 남원지원 2020.06.02 2020고단52
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 the kind of victim B (the age of 41).

At around 1:30 on November 7, 2019, the Defendant: (a) when the Defendant was carrying waste by extinguishing fire around the Defendant’s stable located in Namwon-si, Namwon-si, and was found as the said stable, the Defendant saw the Defendant into the bar, and sprinke ( approximately 3 cm, approximately 1.5m in length, about 1.5m in length), which is a dangerous object at the bar, spons about 20 times in his/her hand; (b) putting the victim into the farm waterway adjacent to the farm road; (c) sprinking the victim’s neck with his/her arms; and (d) sprinking the victim with his/her head and body of the said large tree with his/her head and body at about 10 times in order for the victim to give approximately 20 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. Application of internal investigation reports (Attachment of photographs of the victim's upper part), and enormous and spepe photographic photographs similar to those used by the defendant for committing the crime;

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 (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing criteria (determined of types) (the special injury, injury by repeated crime (type 1): The factors to mitigate the punishment [the scope of the recommended area and the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], imprisonment for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law, in case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range).

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence; and

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