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(영문) 창원지방법원 밀양지원 2019.10.22 2019고단350

특수상해

Text

A defendant shall be punished by imprisonment for 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

The defendant and the victim B ( South, 40 years of age) are workplace pay that they came to know while working at the same human resource office.

The Defendant, around 19:20 on June 19, 2019, at the alcohol house called “D” located in Mayang-si, Chungcheongnam-si, Gyeongyang-si, after completing work and doing a conversation with the victim in relation to his duties while drinking and drinking.

피고인은 피해자가 “맞짱을 뜨자.”라고 한 다음 피고인의 멱살을 잡자 화가 나, 위험한 물건인 소주병을 들고 피해자의 머리를 1회 내려쳐 그 소주병이 깨지면서 파편이 튀어 피해자에게 약 3주간의 치료가 필요한 (우측)아래팔 주위의 기타 신근 및 힘줄의 손상, 열상 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A medical certificate;

1. Application of Acts and subordinate statutes to studios' disease, and photographs of damaged part of victim;

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: The fact that the defendant for one year of suspended sentence in six months reflects mistake, the fact that the defendant is a contingent crime, and the extent of damage is very serious.

The overall circumstances, such as the fact that it is difficult to see that there is an agreement with the victim and that there is no significant penalty exceeding the fine, and the age, environment, motive and circumstance of the crime, circumstances after the crime, etc.