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(영문) 광주지방법원 목포지원 2019.11.22 2019고단795
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2019, at around 22:15, the Defendant:C’s main point of “C” located in Sinponam Sinpo-si B, and at around 22:15, the Defendant inflicted injury on the Defendant’s son and female who promised to marry with the Defendant’s son D (the age of 60) while drinking together, including “I will see how I want to do so and go to the direction of the Defendant,” and she should go to the victim “I will go to our own will.”

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as a report on investigation, an empty disease, a part of the head of a damage, and field photo;

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

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: 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. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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