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(영문) 창원지방법원 마산지원 2020.05.12 2020고단185

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C(31 years of age) and D are relatives respectively.

D At around 01:40 on November 3, 2019, when the victim and the victim were in front of the E building in the Changwon-si, Changwon-si, Magwon-si, the Defendant and the Defendant met with “Fa child”, and the other party to the telephone was called “Fa child” through B, and the Defendant was able to talk with the Defendant through B, but did not talk with each other, and the Defendant became able to find D as the place above.

At around 02:00 on November 3, 2019, the Defendant: (a) mistakend the victim in D as D; (b) caused approximately 20 cm in diameter, which is a dangerous object in the vicinity; and (c) caused the victim to undergo approximately 20 cm in diameter, one time in which the victim’s back head was at least 0 cm.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 201; Act No. 1004, Feb. 3, 2011>

3. Where he/she is punished by imprisonment with labor for one year.

4. The Defendant sentenced the sentence to death, one time at the back of the victim’s back head, resulting in an injury requiring two weeks of medical treatment.

In light of the tools and prices of use, the victim was able to suffer more severe damage.

The victim was not able to recover from damage and was not able to receive a letter from the victim.

However, the defendant.