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(영문) 창원지방법원마산지원 2020.09.08 2020고단692

특수상해

Text

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

One (Evidence No. 1) shall be forfeited from a seized camping net.

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. in the Changwon District Court's Muwon Branch's Support on January 13, 2016, and completed the execution of the sentence in the Jinju prison on July 13,

The defendant is the victim B's relationship with the victim.

At around 22:00 on July 9, 2020, the Defendant: (a) had the victim talk with the victim under the building C of Changwon-si, Changwon-si, Changwon-si; (b) had the victim knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee, which is a dangerous object in that place; and (c) had the victim kne kne kne kle kle kle kle kle k

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a photograph of the damaged body), and a photograph of the injured party;

1. A photograph of the investigative report (Attachment of a photograph of seized articles), and of the camping net;

1. An investigation report (Attachment of a medical certificate for injury), and a medical certificate for injury;

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (the fact that a suspect is a repeated offender, etc.), personal confinement status, judgment, criminal records, etc.;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Scope of punishment by law: Six months to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) [the category 1] special injury (the special person who has been punished] special injury (the special person who has been punished] mitigation element: the committee (including serious efforts to recover damage).