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(영문) 창원지방법원 밀양지원 2020.01.21 2019고단437

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

At around 20:30 on July 15, 2019, the Defendant, at around 20:30, performed drinking together with daily behaviors, including the victim D (the victim D, 43 years of age). While the Defendant paid 22,000 won to his business owners, the Defendant reported that he would return the drinking value again, and the Defendant changed the drinking value so as to “the victim would return the drinking value calculated.” The Defendant saw the fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fin fing the victim, to prevent the fin fin fin fin fin fin fin fin f in the left part of the victim’s body, and caused the victim to fin fin fin fin fin fin fin f in the left part of the need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A report on investigation, photograph, and list of reported cases;

1. Application of the legislation in its opinion;

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 sentence shall be determined as per the disposition in consideration of the overall circumstances, such as the fact that the defendant for one year after the suspension of execution of six months is divided by mistake, contingent crimes, the extent of damage, the fact that the defendant has not been much weighted, the fact that there has been no electricity and heavy penalty power, etc.;