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(영문) 광주지방법원순천지원 2020.12.16 2020고단2360
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 19:00 on September 3, 2020, the Defendant: (a) 19:00, the victim D (Name and 53 years of age) was drunk so that he took a bath and took a bath to himself without any justifiable reason; (b) was pushed the victim who was seated in the steel maker, and then was pushed down to the floor of the steel maker, which is a dangerous object, in both hands, and continued to cut the victim once again; (c) the victim’s face part is turned down twice, and the part of the victim’s face is teared, and the two-day treatment is required for the front four-time treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police prepared D;

1. Application of Acts and subordinate statutes concerning investigation reports on attachment, such as evidence and photographs, internal investigation reports (related to the submission of a victim's diagnostic report), internal investigation reports (STV image verification and attachment), and internal investigation reports (related to the percentage of crimes), and internal investigation reports;

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

1. Scope of the recommended punishment according to the sentencing guidelines: From six months to one year (the determination of a type) of imprisonment for a violent crime; [the category 1] Special Injury (including a serious effort to recover damage) resulting from a special injury; Special Injury (the element of mitigation of a punishment): In cases where damage has been restored to a certain part (the scope of the recommended area and the recommended punishment), imprisonment for four months to one year (the scope of the recommended punishment revised according to the applicable sentencing guidelines) for mitigation area; imprisonment for six months and one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range); so the minimum limit of the applicable sentencing range is set according to the law applicable applicable sentencing range);

2. In this case, the decision of sentence is a case where the defendant inflicts an injury by assaulting the victim, such as getting the victim, taking the face, or walking the vehicle, which is a dangerous object, after going through the victim.

CCTV images;

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