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(영문) 광주지방법원 목포지원 2019.08.13 2019고단200
특수상해
Text

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

Reasons

Punishment of the crime

At around 13:20 on February 12, 2019, the Defendant, under the influence of alcohol, called “D” operated by the victim C (n, 64 years of age), “D,” which is operated by the victim C (n, the Defendant: (a) and said, the Defendant: (b) took a hacked fish, which is a dangerous thing for the victim to say “I do not have any relationship with E”; (c) took the hacked fish (m 23 cm in length) and hacked the victim’s head; and (d) took the victim’s head toward the part of his left head, thereby causing two open wifes in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes on death diagnosis reports, field photographs, and investigation reports;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 imprisonment with prison labor (the fact that the degree of damage is minor for the accused, the fact that the accused has many records of identical violent crimes to the accused, the fact that the accused has not been agreed with the victim shall be considered as the grounds for sentencing which are favorable to the accused, and the punishment shall be determined like the order, in consideration of the age, character and conduct of the accused

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