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(영문) 광주지방법원 목포지원 2019.05.17 2018고단1089
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 of the final judgment.

Reasons

Punishment of the crime

Around September 23:15, 2017, the Defendant, while drinking spawn with spawns within “Cjun” located within “Cjun” located within “Cjun” B, was assaulted by the victim, who was another customer, who visited the spawn and carried spawn with spawn, and was in dispute with spawn with spawn. B, the Defendant got spawnd with spawn, and spawnd with spawn and spawnd with spawn, which were dangerous goods on the spawn and spawnd with spawn, and spawnd with spawn for about two weeks of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A protocol concerning suspect examination of D;

1. Application of field photographs, death diagnosis reports (D)-related Acts and subordinate statutes;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] [the scope of punishment] of special injury, repeated injury (the special person in a form of punishment] - Special Injury (the special person in a form of punishment): In the event that there is a considerable responsibility for the occurrence of a crime or the expansion of damage to a victim as well as minor injury, the amount of punishment not to be imposed [the scope of the recommended punishment and the recommended punishment] special mitigation area, imprisonment for two to one year [the scope of the recommended punishment revised according to the sentencing guidelines] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is applicable to the case where the minimum limit of the sentencing range recommended in the sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the person in a form of punishment according to the law) [the grounds for suspension of execution] - There is no person who has a major pride: In the event that there is a considerable responsibility for the occurrence of a crime or the expansion of damage to a victim

3. Determination of sentence: 8 months of imprisonment and 2 years of suspended sentence;

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