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(영문) 창원지방법원진주지원 2020.08.27 2020고단890

특수상해

Text

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

except that 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 01:20 on March 4, 2020, the Defendant, while drinking alcohol together with the victim D (ma, 60 years of age) in Jinju-si B, had the victim's head two times by an empty-in disease, which is a dangerous object on the table, and continued to have the victim two weeks of the head of the victim's head, and caused the victim to take more than two weeks of the dangerous object on the front of the entrance, the Defendant, at the time of drinking alcohol with the victim D (ma, 60 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Commissioning for appraisal and reply;

1. Application of the statutes governing field photographs and CCTV video CDs;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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) comprehensively taking into account the records of the occurrence of the injury in this case; (b) the degree of the injury suffered by the victim; (c) the Defendant’s previous records of punishment; and (d) the conditions of various sentencing as shown in the pleadings of this case, the sentence shall be determined as ordered