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(영문) 광주지방법원 순천지원 2020.06.11 2020고단405
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

Around 15:00 on January 16, 2020, the Defendant expressed the victim D(65 years of age) who is a dong resident at the C Community Center Center in Goung-gun, Goung-gun and Dong-gun, and had the victim, who is not adequate for appraisal due to the reverse drinking of village, following the Defendant’s excessive drinking, “a person who has a bad drinking anywhere he does so without wrapping,” and the victim expressed the victim’s head on one occasion with a small-scale disease (360ml) that is a thing dangerous to the Defendant’s face to spathize the alcohol, and had the victim injured the victim’s head on two occasions in need of two weeks of treatment for about two weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The suspect's photograph cited by the shoulderer Sicker's disease.

1. Application of Acts and subordinate statutes to records and diagnostic notes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act (Consideration favorable circumstances);

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types]. Special Injury, Bodi Bodily Harm (Special Bodily Inflicting Person] - Special Bodily Harm (Specially Inflicting Person ] - The mitigated element: the victim follows excessive alcohol to the defendant's residues and the defendant again s/ the defendant committed the instant crime in order for the victim to spread the alcohol to the defendant's face, thereby causing the defendant to commit the instant crime. The victim seems to have considerable responsibility for the occurrence of the crime even for the victim. [The scope of the recommended area and the recommended punishment] mitigated area, 4 to 1 years [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to mitigation area, 6 months to 6 months [the minimum limit of the applicable punishment according to the applicable sentencing] [the grounds for suspension of sentence] [The grounds for suspension of sentence] - Major pride: when the victim is fully responsible for the occurrence of the crime: dangerous goods;

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