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(영문) 광주지방법원순천지원 2020.12.17 2020고단904
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 19:50 on April 3, 2020, the Defendant: (a) took a dangerous object prepared in advance, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Application of the Act and subordinate statutes to protect the defendant's legal statement B, a copy of the investigation report (in relation to shots, etc.), a certificate of medical records, and a video CD-related document;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigated elements: In the area of mitigation [the scope of the recommended area and the recommended punishment], the area of mitigation [the scope of the recommended punishment], the period of four months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for one year (the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the lower limit of the applicable sentencing range is in accordance with the law).

3. The nature of the instant crime is very poor in light of the method of determining the sentence of punishment, the degree of damage, etc.

On the other hand, in the course of investigation, the defendant is under the agreement with the victim, and there is no record of criminal punishment against the defendant for the same kind of crime, and the defendant's age, character and conduct, environment, motive, circumstances, means and consequence of the crime, and circumstances after the crime are committed.

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