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(영문) 창원지방법원 통영지원 2019.07.23 2019고단448

특수상해등

Text

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

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

상해 피고인은 2019. 3. 31. 05:40경 통영시 B에 있는, ‘C’ 주점에서 D, E, 피해자 F(여, 36세) 등과 함께 술을 마시다가 D과 말다툼을 하게 되었고, 이를 본 피해자로부터 “그만 하라고 씨발”이라는 말을 듣게 되자 화가 나 주먹으로 피해자의 얼굴을 2회 때려 넘어뜨린 뒤 쓰러진 피해자의 얼굴을 발로 3회 걷어찼다.

As a result, the Defendant got the victim at the right side of the snow where the number of days of treatment can not be known.

The special injury accused was at the time and place mentioned in Paragraph 1 as mentioned above, and at the same time and place, when he was removed from the victim D (the age of 33) as seen above, fatd the victim's fat, fatd the fat, pushed the victim's fat, pushed the victim's face, fatd the victim's face, and fatd the victim's face, and fatd the victim's face.

As a result, the defendant carried dangerous things and carried them with the victim who cannot know the number of days of treatment, the left eye of the eyebrow, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to record the examination report (on-site photographing, etc.), photographs taken by injured persons, the attachment of CCTV photographs, and the examination and treatment of victim F Hospital;

1. Relevant provisions of the Criminal Act and Articles 257 (1) (the point of injury and the choice of imprisonment), 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

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

(a) A Class 1 crime (Special Bodily Injury) (Special Bodily Injury Determination) (Special Bodily Injury) ; 02. An injury resulting from a special injury or repeated offense (Type 1).