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(영문) 광주지방법원 목포지원 2020.01.21 2019고단663
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:45 on May 8, 2019, the Defendant, while drinking with the victim D (the 58 years of age and the suspension of indictment on the same day) and drinking, was in dispute with the Defendant, the Defendant inflicted an injury on the head of the Defendant, where it is impossible to know the number of days of treatment, by taking the victim’s left part of the Defendant’s body by putting the beer disease one time, reducing the beer disease, which is a dangerous object being used by the victim, taking five times the head part of the victim’s body by cutting the beer disease, and pushing the part of the victim’s body with his hand, thereby taking the part of the victim’s tight part of the head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of the Act and subordinate statutes to photograph photographs of police officers in mobilization, report on internal investigation (as to the confirmation ofCCTV image data), report on internal investigation (as to parts damaged byD), and report on investigation results;

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 sentence according to the sentencing guidelines [decision of types] the special injury, repeated injury [Class 1] special injury (special person who has a penalty): In cases of a minor injury, the occurrence of a crime or the expansion of damage to a victim where considerable responsibility exists for the occurrence of a crime or for the expansion of damage, or where damage has been restored to a considerable part of damage (including efforts to recover damage), the scope of the recommended sentence [the scope of the recommended sentence and the scope of the recommended sentence] special mitigation area, February through one year (the scope of the recommended sentence corrected by the sentencing guidelines] imprisonment with prison labor for six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in case where the lowest limit of the sentencing range in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Records and arguments, including six months of imprisonment, one year of suspended sentence, one year of damage, the fact that the victim and the victim have agreed smoothly, and circumstances that may be considered in the course of committing the crime, are shown.

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