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(영문) 창원지방법원 진주지원 2019.05.09 2018고단848

특수상해

Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

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

Reasons

Punishment of the crime

1. Defendant A’s summary of OO in Sacheon-si, around 01:20 on May 27, 2018

In the room, while drinking with the victim B(48 years of age) and drinking, the two mains, which are dangerous objects on the table, have been placed on the table, and when the head of the victim was taken, the two mains in need of medical treatment for about one week have been put on the victim.

2. Defendant B, at the above date and time, at the above time and place, followed by a shouldered colon’s disease, which is a dangerous object from the victim A (the age of 49), the victim was placed in two open steps in need of approximately one week medical treatment for the victim in one time.

Summary of Evidence

1. Defendants’ respective legal statements

1. A damaged image photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Scope of applicable sentences under each Act: Six to five years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Defendant A [Determination of Type] In the case of violent crimes, the term "the injury by special injury and repeated crime [Type 1] Special Injury [including a person who has made a serious effort to recover damage] or the term "the mitigated element of punishment (including a person who has made a serious effort to recover damage)": where the mitigated area, the term of imprisonment for four months to one year [the range of recommended punishment as corrected by applicable sentences], and six months to one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of applicable sentences under law, and the minimum limit of applicable sentences under law are applicable)

B. Defendant B [Determination of Punishment] In cases of violent crimes: Special Bodi Injury (Type 1): In cases where the victim is fully responsible for the occurrence of a crime or the expansion of damage even if the victim is also responsible for the occurrence of a crime or for the expansion of damage, the recommended area of punishment (including serious efforts to recover damage) or considerable damage is recovered.