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(영문) 광주지방법원 해남지원 2019.08.22 2019고단203
특수상해
Text

Defendant

A shall be punished by imprisonment for six months.

However, with respect to Defendant A, the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

A crime history room (Defendant A) around 00:10 on December 22, 2018, the Defendant laid a stone, which is a dangerous object, that was disputed with the victim B(49 years of age) and the taxi boarding problem in the front of the "Dju store" located in Jindo-gun, Jindo-gun, Jindo-gun, and caused injury to the victim, such as brain, with approximately two weeks of medical treatment, in line with the head part of the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Each police statement concerning B, E, F, and G;

1. A medical certificate;

1. Application of each Act and subordinate statutes governing accompanying photographs;

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 applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended execution, the defendant laid the stone, which is a dangerous object, to the victim and inflicted an injury on him/her. In light of the means, results, etc. of the crime, the liability for the crime shall not be mitigated;

However, considering the favorable circumstances, such as the fact that the defendant recognized the crime, the fact that the crime of this case is likely to occur in the course due to the conflict with the victim due to the problem of taxi riding, the fact that the victim agreed smoothly with the victim, and the fact that the defendant has no record of punishment in the Republic of Korea, the defendant's age, character, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime.

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