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(영문) 광주지방법원 해남지원 2019.06.13 2019고단129
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 17:40 on March 10, 2019, the Defendant: (a) took a bath to the victim on the ground that the victim D(the age of 49) was sleeped and sleeped on the main point of “C” located in the Namnam-gun, Namnam-gun; (b) taken the victim’s sleep, and sleeped the victim’s blick, and slicked the victim’s head on one occasion with the wall, which is a dangerous object on the floor, the Defendant damaged the victim’s body part of the victim’s body, which is a dangerous object on the floor of the vehicle, and walked on the part of the body of the victim, which is an object that was on the floor of the vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to attached photographs, respective relevant photographs, field photographs, and CCTV images closure photographs;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Imprisonment with prison labor for ten months, and with respect to the crime of this case for two years under a suspended sentence, the defendant inflicted an injury on the victim with bricks and blocks and bricks, which are dangerous objects, and the risk of the crime and assault.

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