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(영문) 창원지방법원 진주지원 2019.06.20 2018고단1396

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On October 10, 2013, the Defendant was sentenced to a suspended sentence of three years and six months for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), etc. in the Jinwon District Court’s Jinwon Branch on the grounds of a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.), and on October 30, 2014, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Changwon District Court’s Jinwon District Court

【Criminal Facts】

On October 6, 2018, the Defendant tried to pay the drinking value after drinking alcohol with the d', which was operated by the victim C (n, 63 years of age) in Sacheon City B on October 6, 2018, but, in order to ensure the payment of the drinking value, there was no sufficient money during the water, left the cell phone and identification card to the victim in order to ensure the payment of the drinking value, but it was refused to return the identification card to the victim. However, the Defendant d's head was flick, which is a dangerous object on his/her table, so long as it was difficult for the victim to take care of the head of the d's body.

As a result, the defendant carried dangerous things with the victim for about two weeks to give medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. On-site photographs and each investigation report (the No. 10, 12 of the evidence lists);

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the scope of the recommended punishment [the category 1] special injury [the special person] and the factors to mitigate the injury (including a serious effort to recover the damage) or considerable damage (the scope of the recommended punishment and the recommended punishment], and the mitigated area of imprisonment from April to one year.