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(영문) 광주지방법원 2020.05.22 2020고단777
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

On February 7, 2020, at around 21:15, the Defendant, “C” located on the Dong-gu Seoul Special Metropolitan City B and the 1st underground floor, told the victim D (the 61-year-old-gu-old-gu-gu-si), “Ising alcohol”, and threatened the victim with the head of the Defendant once in a Handphone and the beer’s disease on the table. As such, the Defendant, as against this, threatened the victim, she laid down three times the victim’s head on three occasions, with the beer disease, which is a dangerous object on the table, and puts the head of the victim on one time, and puts two parts of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Acts and subordinate statutes to photograph on-site photographs, CCTV images, and CCTV images;

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

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. The crime of this case, which was determined to be sentenced, was committed by the defendant, such as unloading the head of the victim from a beer disease, which is a dangerous object, and the nature of the crime is not good, and the criminal records of violence can be committed against the defendant: Provided, That the fact that the defendant recognized the crime and reflects the mistake, that the victim does not want the punishment of the defendant by agreement with the victim, and that the age, character, character, environment of the defendant is other.

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