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(영문) 광주지방법원 2020.08.26 2020고단3075
특수상해
Text

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

Reasons

Punishment of the crime

On May 15, 2020, the Defendant: (a) around 20:20, around 20:0, while drinking alcohol with the victim D (Nam, 57 years of age) in Gwangju Mine-gu, Gwangju, on the ground that the victim neglected the victim's remarks, and (b) the Defendant got her head, who was a dangerous object on his/her table, and had approximately two weeks of her head.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police statement photographs, investigation reports (CCTV), and diagnosis reports to the defendant's legal statement D;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not sufficient to reach an agreement with the victim even if the nature of the crime of this case is good. Meanwhile, there is no record of crime exceeding the fine, and the defendant shows an attitude against himself/herself while making a confession of the crime. In addition, considering all the sentencing conditions indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, means and consequence of the crime, and circumstances after the crime, the punishment is determined as ordered by the order.

(However, in order to give the opportunity to agree with the victim, the statutory detention should not be made).

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