beta
(영문) 창원지방법원 진주지원 2020.01.09 2019고단1366

특수상해

Text

Defendants shall be punished by imprisonment for six months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:40 on September 12, 2019, the Defendant: (a) around 00:40 on Jinju-si, the Defendant: (b) at the “D’s meeting in Jinju-si; (c) on the ground that the victim B (the age of 39) was able to have a dispute over the issue of the participation in the alumni E and the alumni conference with the alumnis of an elementary school; and (d) on the ground that the victim B (the age of 39) met, the Defendant sent the victim’s head at one time; and (d) on the part of the main of the victim, the Defendant d'D

2. Defendant B, as at the date, time, and place described in the above Paragraph (1) above, was assaulted against the victim A (the age of 38) as a fluoral disease, and as at the same time, the victim was suffering from a fluoral disease, which is a dangerous object on the table table, and the head of the victim took place, and the victim was suffering from a fluoral surgery that requires approximately four weeks of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. On-site photographs, CCTV videos, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment A, B, etc. of Suspect);

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence: (a) the developments leading up to the instant injury; (b) the degree of injury suffered by the victims; and (c) the Defendants’ mutual agreement; and (d) the previous punishment.