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(영문) 광주지방법원 2020.06.19 2020고단883
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 30, 2020, at around 02:30, the Defendant, while making a dispute over the victim D (n, 60 years of age) and the place where goods are located in the Defendant’s residence in Gwangju Northern-gu B and C, had the victim's head, and had approximately two weeks of medical treatment. The Defendant, at around 02:30, had two parts of the part where the victim’s head was required to take approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as on-site photographs, photographs of criminal implements, and photographs showing a victim;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

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. On November 21, 2019, the defendant who was sentenced to a suspended sentence due to special injury, etc., was sentenced to one year of imprisonment with prison labor and two years of suspended sentence in the Gwangju District Court, which became final and conclusive on November 29, 2019 and is currently under suspended sentence.

In light of the fact that the instant crime was committed for a long time without being aware that it was committed, the victim's head is not good by taking the head of the victim's hair with a dangerous article, and the Defendant has a variety of criminal records of identical violence.

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