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(영문) 창원지방법원통영지원 2020.11.25 2020고단823

특수상해

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:30 on May 24, 2020, the Defendant pointed out that the victim E (the 47-year-old) who was a member of the same club with a good appraisal after completing a monthly meeting with D organization members and drinking alcohol, falls short of the Victim E (the 47-year-old-old-gun). The Defendant stated that “n't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl't fl's body.

Summary of Evidence

1. Application of Acts and subordinate statutes to police written statements of the defendant E in his/her legal statement;

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. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. Determination of sentence: Imprisonment with prison labor for eight months or one-year suspension of execution, and the degree of injury is very dangerous, and the victim shall be punished by the victim under the agreement to recover from damage;