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(영문) 광주지방법원 목포지원 2020.01.31 2019고단845
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

The defendant and the victim B(50 years of age) are workplace superior officers and subordinate employees.

On May 27, 2019, the Defendant: (a) around 20:40, around 20:5.20, the Defendant: (b) called “D’s employees, such as the victim, etc., and asked commercial victims to talk about their duties; (c) on the ground that he continued to talk with the victim; (d) the Defendant: (e) placed the victim’s head on a bridge, which is a dangerous object on a table; and (e) sustained the victim’s head on a one-time basis; and (e) caused the victim, on a three-time basis, at least two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. An investigation report (Attachment of a medical certificate for injury);

1. Investigation reports (on-site CCTV investigations);

1. Application of the Acts and subordinate statutes governing the victim B;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] - the mitigated element: the mitigated element (including serious efforts to recover damage) or considerable partial damage, [the scope of the recommended sphere and the scope of the recommended sentence] mitigated range, the imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentences] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is set according to the law minimum limit of the applicable sentences, since the minimum limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service hours for 120 hours;

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