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(영문) 광주지방법원 2021.02.24 2020고단6366
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 11, 2020, the Defendant: (a) around 08:30, at the Defendant’s house located in Gwangju-gu Gwangju-gu, “The Defendant heard the horses of the victim C (the victim C, 79 years of age),” and (b) took a dispute with the victim who was found to have the end, and then was sled with the victim’s body by hand, and sled with the victim’s hand, and continued to take a kitchen lid, which is a dangerous object in which the victim’s body was pushed up and sled, and continuously took a kitchen lid, which is a smell that was a dangerous object in the kitchen.

Accordingly, the defendant carried dangerous objects and carried up two-time medical treatment for the victim, which requires two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. An injury diagnosis report made by the police on D;

1. Application of Acts and subordinate statutes to photographs of damage/damage scene photographs/snoric photographs;

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 to mitigate small amount;

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

1. The scope of punishment by law: Imprisonment for six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment and the scope of the recommended punishment], the reduction area of punishment for April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law).

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspension of execution for 2 years; and

4. Although the nature of the crime is not good in light of the Act on the Punishment of Specific Reasons for Sentencing, it is not clear that the degree of injury of the victim is not serious, that the injured person is not obliged to punish the defendant, that there is no record of criminal punishment except for punishment of a fine on one occasion due to a long violence, and that there is no history and process of causing the crime of this case.

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