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(영문) 제주지방법원 2020.07.24 2020고단1143

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

From March 2019, the Defendant had been living together with the victim B (the age of 43).

At around 00:05 on April 21, 2020, the Defendant, at the main point of “D” in Jeju City’s Operation, carried alcohol with the victim on the ground that the victim said that “the victim would dump dump dump dump dump dump dump dump.”, the Defendant dumpeded the victim’s head, and dumped the victim’s head, and dump caused the victim’s injury, such as fump, in which the victim had no two mains in need of treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement concerning B prepared by the police officer;

1. Entry of each 112 Reporting Case Handling List in police preparation; and

1. A description of the general medical certificate for B prepared E-mail;

1. Application of each of the related visual Acts and subordinate statutes;

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [the scope of punishment under law] [the decision of the type of punishment] six months to five years (the case of discretionary mitigation] [the decision of the type of punishment] violent crime, special injury, repeated crime, Type 1 (Special Injury): [the special person] mitigation element: In case of mitigation element: non-conformity of punishment [the general person] - serious reflects [the scope of mitigation of punishment], serious reflects [the range of mitigation of punishment], 4 months to one year [the scope of corrected recommendation] sentenced to the minimum limit of the punishment under law, so the minimum limit of the punishment under law is set at the minimum limit of the punishment under law.