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(영문) 창원지방법원통영지원 2020.12.23 2020고단1039

특수상해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 22:19 on May 9, 2020, the Defendant: (a) while drinking alcohol together with the victim D (ma, 28 years of age) in Tong Young-si B, the Defendant, without any particular reason, pushed the victim’s body body with the victim’s hand while drinking alcohol; (b) obstructed the victim’s body; and (c) broken the victim’s body out of the main body, which is a dangerous object on the table bble; (d) broken the part of the victim’s body; and (e) inflicted bodily injury, such as an open part of the victim’s body, which requires approximately two weeks of treatment, by breaking the victim’s hair and face.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police written statement of the defendant concerning D's 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. 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 corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Six months of imprisonment and two years of stay of execution (the circumstances leading to the commission of a crime, degree of violence and injury, method of providing a dangerous object for an attack, victim's punishment or non-facing, and the same kind of power of the accused, etc.);