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(영문) 창원지방법원 2020.01.08 2019고단2564
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant began to return to the Victim B (B, 38 years of age, and the Nationality Philippines) from the end of February, 2019 or from the beginning of March of the same year.

At around 03:00 on May 1, 2019, the Defendant sent the victim and talked with the victim who had been living together at the convenience store near the above residence at around 21:30 on the previous 21:30 on the day, and then asked the victim the victim’s phrase “it may no longer be said to be any longer,” and then put it into the victim’s head and face, etc. after receiving water from the coffee so as to dyke, and then making it difficult to see the victim’s head and face.”

The Defendant dys, which are dangerous objects, spreaded down water to the victim with the 42-day dys of head and neck, body hys, and shoulder 2 degrees dystyp 2 degrees dyspical image, hand hys, and kys (including 13% of the physical surface) that require the victim to treat about 42 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police in relation to E and B;

1. 112 Reporting table, investigation report (fields, etc. at the same time), studio photographs, mobile phones photographs, investigation reports (CCTV), telephone meetings, photographs and videos, and motion pictures of internal residence;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] - Type 1 (In general injury) and the area of aggravation (in June to June to June) of the general injury (the scope of recommending punishment] - Where a person committing a crime using dangerous articles (aggravated factor) / Where a person committed a crime using dangerous articles (aggravated factor) / Where a person has a high degree of violence and danger of the instant crime causing bodily injury to the victim, and the degree of injury suffered by the victim is very heavy.

On the other hand, it is judged that the physical and mental damage suffered by the victim was considerably significant.

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