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(영문) 광주지방법원 해남지원 2020.04.16 2019고단497
특수상해등
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

The defendant is a person who has become a customer on the C-ju store operated by the victim B (the age of 58).

1. At around 22:55 on June 10, 2019, the Defendant: (a) had a knife, etc., who had a knife, a knife, a knife that is a dangerous object, and had a knife at the right end of the victim E (nife, 49 years of age) who is an employee, under the influence of alcohol at one knife at the Cnife Dondoe-gun.

2. Around June 10, 2019, the Defendant suffered special injury: (a) around 22:55, at a point of Cju 1, a point located in Ynam-gun D, and without any justifiable reason, brought a shoulder beer disease, which is a dangerous object, to his/her employees E, to his/her employees E; and (b) the Defendant inflicted an injury on the victim B (n, 58 years old)’s right hand hand hand hand over to his/her employees E, to a knife and the victim sustained an open wound of the number of treatment days to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. Statement to E by the police;

1. One copy of the photograph (Evidence No. 9) and the application of Acts and subordinate statutes in one copy of the medical record;

1. Relevant provisions of the Criminal Act and Articles 261, 260 (1) ( point of special violence and choice of imprisonment), and 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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 for probation and community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence) and violent crime [Type 6] and the elements to mitigate repeated crimes, special assault (Special Violence ]: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (in the area of recommendation and recommendation), the area of mitigation of punishment and recommendation [the scope of recommendation and recommendation], February through February and February;

(b) Crimes No. 2 (Special Bodily Injury Decision) (Special Bodily Injury). Bodily Injury, Bodily Injury, Bodily Bodily Injury (Type 1).

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