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(영문) 창원지방법원 마산지원 2020.05.12 2020고단90

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is between the victim B (the age of 37) and the workplace rent.

On January 7, 2020, at around 09:36, the Defendant: (a) while she was engaged in manufacturing metal by inserting steel in a factory D located in the Haban Military Co., Ltd., and was in a dispute with the victim about the luminous temperature; (b) while she was engaged in a luminous dispute with the victim, the victim was at the price of the head of the victim by inserting iron insertion ( approximately 60 cm in length), which is a dangerous thing for the defendant to be pushed down, thereby causing injury to the victim, such as brain, which requires treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of criminal tools;

1. A medical certificate;

1. Investigation report (on-site CCTV investigation);

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 201; Act No. 1004, Feb. 3, 2011>

3. Death sentence by public prosecutor: Imprisonment with prison labor for a year and six months.

4. The Defendant, at the same time, assessed the parts of the dong’s head inserted in iron and sustained injury.

There was a possibility that the damage may be further expanded as the head part of the head.

The victims did not recover from damage, and did not receive a letter from the victims.

However, the defendant recognizes the crime.

In other words, there is a dispute.

The victim set up against himself/herself and caused the crime.

It is not serious that the injury suffered by the victim has not been serious.

There are no particular criminal records except for those subject to suspension of indictment due to occupational injury in Korea.

The age, character and conduct, environment, relationship to victims, motive, means and results of the crime, and circumstances after the crime, etc.