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(영문) 창원지방법원 2020.04.09 2020고단144

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On November 30, 2019, at around 03:30 on November 30, 2019, the Defendant observed that the victim C (the 16-year-old) who was a dynamic victim (the son) was knife with the Defendant’s women’s ties and descendants in the past, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, and knife the victim’s head, and knife the victim

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A photo of the damaged part, on-site photograph;

1. Application of the Acts and subordinate statutes concerning field CCTV images and closure photographs;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law).

3. Determination of sentence: The Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the crime are committed, shall be determined as ordered by taking into account the following circumstances.

D. Unfavorable circumstances: Violence and danger of the instant crime is considerably high, and the degree of injury suffered by the victim is not easy.

The defendant is related to violence.