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(영문) 창원지방법원 거창지원 2020.04.22 2020고단19
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 became final and conclusive.

Reasons

Punishment of the crime

At around 00:10 on December 15, 2019, the Defendant listened to the victim’s words “I am a good talker with the width.” On the other hand, the Defendant was asserting that I ambling water by using a slick phone to E with each other in relation to the water, and the Defendant was arguing that I ambling from the victim, while I ambling the slick, I am a part of the victim’s inner part of the body because I am ambl with the knick, which is a dangerous object, because I amblick with the victim’s right part of the victim’s right side. In line with this part of the victim’s right side, I am a little of 3 cm cm, where I ambama cannot know the days of treatment.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation and investigation (related to failure to report on injury);

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable)

3. According to the decisions of sentence, the sentence shall be determined as ordered in consideration of the following conditions of sentencing, such as the age, character and conduct, environment, circumstances of the crime, means and results thereof, and the circumstances after the crime.

Unfavorable circumstances: The defendant was suffering from a disease, which is a dangerous thing.

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