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(영문) 광주지방법원 목포지원 2019.08.16 2019고단105
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2018, around C convenience points located in Yong-gun, Youngnam on the 22:25th day of August, 2018, the Defendant found the victim D (the age of 53) at the head office operated by the Defendant on the same day and caused the disturbance. On the same day, the Defendant took time off the part of the victim’s bridge one time with hack pipe (the total length of approximately 55 cm), which is a dangerous object in the above head office of the convenience store, and met the victim’s face by drinking on the right side.

As a result, the defendant carried dangerous things with the victim and inflicted injury on the victim, such as the impairment of the face that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a report on the generation (influor, etc.), internal investigation report, site and photograph of damage, report on internal investigation (influorite image attachment), report on investigation (influorial opinion and confirmation of details of treatment of the victim D), report on investigation (influor video verification of

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 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. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: The defendant has no criminal history exceeding the fine for eight months in imprisonment, two years in suspended sentence, and the extent of damage to the victim is insignificant, and the victim and the victim are fully agreed.

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