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(영문) 광주지방법원 2020.04.29 2020고단114
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person operating “C”, who is a delivery agency service provider in Gwangju North-gu, and the victim D (Nam, 36 years of age) is a partner of the Defendant.

At around 14:35 on December 23, 2019, the Defendant, while leaving the victim at the above 'C' office on December 14:3, 2019, brought the victim's own head to “I am Do Do Do Do Do Do Do Do Do Do Do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do do , and brought the victim's head at one time and inflicted an injury on the victim, including two-

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes of a photograph and bodily injury certificate;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. In light of the fact that the Defendant, who was in the period of probation, committed the instant crime even though he was not well aware of the fact that the Defendant had been in the period of probation, and the victim’s head was taken to a monat, which is a dangerous object, and the method of committing the instant crime is not good, and the Defendant has a variety of criminal records of identical violence and several times, etc., the criminal liability is heavy.

The special injury crime in the judgment is limited to the statutory penalty.

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