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(영문) 광주지방법원 해남지원 2019.11.28 2019고단402
특수상해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. Around September 12, 2019, the Defendant suffered special injury: (a) around 18:37, at the third distance in front of the Southern-gun, Namnam-gun; (b) during the victim C (59 years of age); (c) at the time of the victim’s horse dispute with the victim C, the victim was sprinked with a pipe (245 cm in length, 200 cm in thickness 2 cm in thickness) which is a dangerous thing that the victim’s buckbucks for about two weeks.

2. On September 12, 2019, the Defendant: (a) around 18:45, the victim C (the 59-year-old) was at the center of the victim C (the 59-year-old) located in the Namnam-Namnam-gun; and (b) the victim “I will be punished, I will be able to die,” and “I will die, I will die.” As a result, the victim’s bucks and bucks were walking once in the victim’s bucks, and followed the victim’s shoulders continuously, thereby leading the victim to approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Special injury (determination of types) and injury by repeated crime; 2. Special injury (type 1) and injury by repeated crime: Reduction element of special injury (special person under special appearance): Reduction element of punishment (the area of recommendation and recommendation range) and reduction area of punishment, four months to one year;

(b) General injury [Type 1] general injury [Special Contributory Death] mitigation element: Reduction element of punishment [the area of recommendation and recommendation range] mitigation range, February to October.

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months to not less than one year;

(d) Scope of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for up to one year and five months;

3. Determination of sentence: Imprisonment;

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