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(영문) 광주지방법원 해남지원 2020.07.23 2020고단147
특수상해
Text

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

However, 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

At around 21:00 on March 10, 2020, the Defendant: (a) 21:00, at 2 times, the main place operated by the Victim C (Inn, 55 years of age) in South-Namnam-gun, drinking d and drinking, which was a dangerous object, without any justifiable reason, and went through a beer, which was divided into the above D and talk; and (b) on the other hand, the Defendant sustained two open points where the number of days of treatment cannot be known to the next victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes, such as investigation reports (Attachment to medical records for victims) and the place of initial medical records;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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: Imprisonment with prison labor for eight months, and two years of suspended sentence, the Defendant, under the influence of alcohol, assaulted a victim who is in a state of influence with a dangerous object without any justifiable reason and inflicted an injury.

Violence crime is very bad to commit a crime that harms the dignity of human beings in the most inhuman way.

However, the Defendant immediately becomes aware of his criminal act by shouldering the following day after the crime was committed.

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