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(영문) 창원지방법원 통영지원 2020.01.08 2019고단1079

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

At around 01:00 on August 16, 2019, the Defendant: (a) concentrated on the screen screen of the wooden material ( approximately 145 cm in length, approximately 3 cm in diameter, and approximately 3 cm in length) and inflicted two strikes in which the number of days of treatment cannot be known to the victim when the victim D, a second floor, was cut out while the victim D, a second floor, was at the end of the Defendant’s horse.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Application of the Acts and subordinate statutes to photographs and field photographs of the body of the victim;

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

1. Articles 53, 55 (1) 2 and 50 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of applicable sentences under law: Imprisonment for not less than six months to five years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated factors: the mitigated factors of punishment (including serious efforts to recover damage) or considerable damage (the scope of the recommended sentence and the recommended sentence] mitigated areas, four months to one year [the scope of the recommended sentence revised 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 set according to the applicable sentencing guidelines in law, since the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range), and six months to one year (the lowest limit of the applicable sentencing range is set by law).

3. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended sentence (120 hours of community service) (limited to extenuating circumstances) (limited to imprisonment with prison labor for six months: one year of suspended sentence; one year of suspended sentence; and one day of final and conclusive judgment: September 29, 2018).

There are many different criminal records and fines.

The degree of injury is not easy.

[Sluried Normal Conditions] The victim wants to take the Defendant’s wife by mutual consent.

Defendant's mistake is recognized.

In addition, the defendant's age, character and conduct, environment, family relationship, etc. are revealed in the trial process of this case.