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(영문) 광주지방법원 목포지원 2019.03.29 2018고단799
특수상해
Text

A defendant shall be punished by imprisonment for six 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 July 7, 2018, the Defendant, at the 2nautical miles of the North Korean bank, engaged in a dispute with the victim C (the age of 49) in B located at the 2nautical miles of the North Korean bank, and she gets off the head of the victim one time with a net value ( approximately 38 cm in length) which is a dangerous object in the engine room, and inflicted an injury on the victim, such as an open head of the second two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A medical certificate;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The scope of punishment by law: Imprisonment for six to five years;

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of punishment [the range of the recommended punishment and the range of the recommended punishment revised according to the applicable punishment] from six months to one year [the minimum limit of the applicable punishment in law is different from the minimum limit of the applicable punishment] [the person who is a general person] of the special injury, repeated injury [the person who is a special person] of the special injury (including a person who has committed a serious injury for recovery of damage] of the mitigated element of the punishment (including a serious effort for recovery of damage): In the event that the person intentionally committed an act of injury, the scope of the recommended punishment and the scope of the recommended punishment] of the special mitigation range, and the imprisonment of two months to one year [the range of the recommended punishment corrected according to the applicable punishment] [the range of the recommended punishment pursuant to the applicable sentencing guidelines] [the person who is not sentenced to the minimum limit of the applicable punishment in law] [the grounds for suspension of sentence]

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years (including the fact that there is no electricity of the same kind and that there is a smooth agreement with the victim);

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