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(영문) 창원지방법원 진주지원 2020.05.07 2019고단1672
특수상해
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

The defendant is residing in the same residence as that of the victim B (58 years of age).

At around 21:00 on October 29, 2019, the Defendant: D and his wife fighting on the ground that he neglected his horses at his own residence located in Jinju-si, Jinju-si neglected his horses; the Defendant her body fighting with the victim, her Da and the said D and met himself, and carried out her bat with the victim, and her bat with the victim, and her fat, etc.; the Defendant batddddd with the victim, which is a dangerous object on his bats, with a word 18cc in length (18cc in length) and batd with the victim’s fat, and caused the injury that the victim’s et al. could not know the number of 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. Each police statement made against D and B;

1. Photographss of the victim's injury and appearance at the scene of crime;

1. Application of the existing Acts and subordinate statutes of one of the above-mentioned provisional seizures (No. 1);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 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. The records and arguments of the instant case, including the details of the instant crime, the background of the instant crime, the background of the Defendant and the victim’s physical fighting, the degree of the victim’s injury, the agreement with the victim, and the initial offender.

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