beta
(영문) 창원지방법원통영지원 2020.08.26 2020고단302

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 14:00 on September 30, 2019, the Defendant, on the ground that the victim D (mainam and 24 years of age) who had worked as a seafarer on the Defendant’s ship did not work at a night on the same day, brought an injury to the victim, such as the damage of the victim’s head by dump (i.e., the victim’s flasium, why flasium flasium, and why flasium flasium, and flasium flasium flasium flasium flasium, and the victim’s head flasium fladsium fladsium fladsium fladsium fladsium flaf, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation reports (Attachment of photographs of the damaged site);

1. Protocols of seizure, list of seizure and report on investigation (as to attaching photographs);

1. Application of Acts and subordinate statutes, such as medical treatment certificates, emergency nursing records, etc.;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: Each of the various circumstances shown in the arguments and records, including one year of imprisonment, the fact that the defendant agreed with the victim for a stay of execution two years, the fact that the defendant is the first offender, the fact that the defendant is suspended from indictment due to an injury, and the age, character and conduct, environment, motive for the instant crime, circumstances after the instant crime, etc. shall be comprehensively taken into account.