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(영문) 광주지방법원 순천지원 2020.05.07 2019고단2891
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 October 16, 2019, at around 21:40, the Defendant, “Cju” located in Mineyang-si B, 1, as the victim D (ma, 45 years of age), and E, and the Defendant first went to his house without calculating the drinking value, and the Defendant called “Cju” by telephone to the Defendant, “if the Defendant would go to his house without calculating the drinking value.” However, the Defendant returned to the above drinking house, and her head, which is a dangerous object on the table of the table No. 1 above, had the victim’s head at hand, and had the victim injured the victim’s head in the treatment period at two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the scope of the recommended sentence [the special injury and repeated injury] (the person in special form] special injury [the scope of the recommended sentence] - the mitigated element of the punishment [the scope of the mitigated sentence], the mitigated area of the punishment [the scope of the recommended sentence according to the applicable sentencing], the imprisonment for four months to one year [the scope of the recommended sentence corrected according to the applicable sentencing]], six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the minimum of the applicable sentencing range in law so that the minimum of the sentencing range recommended by the sentencing guidelines does not coincide with the applicable sentencing guidelines] - Major pride grounds - The person in special extenuating circumstances:

2. Determination of sentence: The criminal defendant has inflicted bodily injury upon the defendant at the time of two times his/her head due to beer's disease, and the nature of the crime is not good;

However, the fact that the defendant's mistake is recognized and reflected, the victim does not want the punishment of the defendant, and the defendant does not have the same power and exceeds the fine.

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