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(영문) 광주지방법원 순천지원 2021.03.04 2020고단2702
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

around 01:45 on August 11, 2020, the Defendant: (a) under the influence of alcohol at the main point of “D” operated by the Victim B (57 S, n) located in Mineyang-si, the Defendant laid the part of the victim’s head by gathering “An empty beer’s disease”, which is a dangerous object on the test for the Defendant’s return to the Defendant, for the reason that the victim had taken an examination on the external ginseng village; and (b) by gathering “Adrecker’s head,” which is a dangerous object, the Defendant laid the part of the victim’s head once.

As a result, the Defendant carried dangerous things and inflicted bodily injury on the victim, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A medical certificate;

1. Application of statutes on site photographs;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 32 (1) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Reject an application for a compensation order (as agreed with a victim);

1. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] the scope of the recommended punishment [the scope of punishment [the grounds for suspension of execution] [the grounds for suspension of execution] - Special Bodi injury [the type 1] Special Bodi injury [the person subject to special sentencing] - mitigated elements: Reduction area of punishment [the area of recommendation and the scope of punishment], reduction area of punishment [the scope of punishment, April to one year [ the scope of the recommended punishment revised according to the applicable sentences] 6 months through one year (the minimum limit of the applicable sentences in law] - Major reasons for suspension of execution: Non-exclusive penalty;

2. The arguments in this case include the fact that the injured party does not want to be punished against the accused by agreement with the victim who was sentenced to the sentence, that there was no criminal punishment and there was no record of crime exceeding the fine since July 2008, that the accused is against the mistake, and that there is other circumstances such as the age, sex, environment, family relationship, etc. of the accused.

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