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(영문) 광주지방법원 목포지원 2019.04.30 2018고단1098
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2018, the Defendant suspected that the relationship between the victim D (year 51) and the Defendant’s wife is incompetence at the “C” restaurant located in Yong-Namnam Cancer B, Jeonnam-gun, and caused the Defendant’s injury to the victim, taking about two weeks into consideration the head of the victim once, and the victim’s head was in danger of being planted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the special injury, repeated injury [Class 1] special injury (special person in a form of punishment] - mitigated element: In the event that an intentional act of injury is committed in an incomplete manner: In the event that an intentional act of injury is committed, a minor injury, a violation of punishment (including a serious effort to recover damage), or a considerable partial recovery from damage (the scope of the recommended area and the scope of the recommended punishment] special mitigation area, two months to one year [the scope of the recommended punishment corrected according to the sentencing guidelines] sentenced to six months through one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences under law, the minimum limit of the applicable sentences under law] [the grounds for suspension of execution of sentence] There is no person [including a person who is a general person] [including any person who has committed an intentional act of serious pride: In the event that an intentional act is committed, a minor injury, a violation of punishment (including efforts to recover damage).

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (the fact that there is no same criminal history, circumstances of crimes, etc.);

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