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(영문) 광주지방법원 순천지원 2020.05.28 2020고단708
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2020, around 06:00, the Defendant laid food waste at the convenience store located in Gwangju in Gwangjuyang City B, and when the victim D (ma, 32 years old) who is an employee of convenience store came to drive away about 50 meters of the Defendant, she saw the Defendant as her hand the head gate(20cm in length) and her head gate(20cm in length).

As a result, the Defendant used dangerous objects to inflict bodily injury on the victim, such as sugar that requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate (D);

1. Photographs (D);

1. Application of Acts and subordinate statutes to report on investigation (Submission of suspect's medical certificate and photographic photography);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the extenuating circumstances);

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury (special person in a form of punishment] - mitigated elements: Reduction area of punishment [the scope of recommendation area and recommendation range], mitigation area, imprisonment for four months to one year [the scope of recommendation punishment revised according to the applicable sentencing range], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence reflects the defendant's mistake, the primary offender, the victim does not want punishment against the defendant, the defendant is receiving treatment due to a yellow disorder, etc., and the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., and other conditions of various sentencing specified in the arguments and records of the case, such as the defendant's age, character and conduct, family relationship, etc., shall be determined

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