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(영문) 광주지방법원 해남지원 2021.01.07 2020고단281
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2020, the Defendant’s “D” 2, a summary room operated by C in the Dondondon Donnam-dondon on January 9, 2020, from the victim E ( South, 47 years of age) who is a guest of the above Category C while disputing the above Category C;

On the ground of the fact that the victim’s words were good, he collected beer’s disease, which is a dangerous object on the table, from the victim and collected the beer’s body, which was a dangerous object on the table, and caused the victim to inflict an injury on the two open wifes in need of approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A medical certificate;

1. The application of Acts and subordinate statutes to photographs of the damaged parts of the suspect E, taken by the suspect E, among photographs taken of the damaged parts of each suspect, (which shall be open to the two sides due to the suspect A's act) (the upper part of investigation records 48th order of the investigative record);

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the 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 [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable damage therefrom: In the event that the mitigated area of punishment is mitigated, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range), and thus, the statutory applicable sentencing range is set according to the minimum limit of the applicable sentencing range);

3. Determination of sentence: Imprisonment with prison labor for 10 months, the background leading to the crime of this case for 2 years of suspended sentence, risk of the criminal tools used by the defendant, the part and degree of the victim's injury, and considerable assault from the person who suffered the damage of the defendant.

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