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(영문) 광주지방법원 2020.06.10 2020고단776
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

At around 19:40 on February 11, 2020, the Defendant, without any justifiable reason, experienced beer’s disease, which is a dangerous object, such as victim D (inns, 52 years of age), was at the victim’s face, and sustained injury, such as the bones of bones necessary for treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act;

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

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, the sentence of sentence of which is determined, is that the disease of beer, which is a dangerous thing of the defendant, was faced with injury to the victim's face, and the nature of the crime is not good, and the criminal records of violence are several times against the defendant: Provided, That the defendant recognized the crime of this case and the mistake are against the defendant, the victim does not want the punishment of the defendant by agreement with the victim, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, shall be

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