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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1737
특수상해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:55 on August 29, 2020, the Defendant: (a) around 00:55, 2020, the victim D ( South, 49 years old) was seated beside E (the age of 56) (the age of 56) living together with the Defendant living together; (b) was an empty beer, which is a dangerous object on the singer’s face; and (c) thereby, the Defendant inflicted an injury on the victim, such as an open body of the part in which the detailed identity of the 2 week treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A medical certificate;

1. Application of statutes on site 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 to mitigate small amount;

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

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable partial damage is recovered: Imprisonment with labor for six months to one year (the scope of the recommended punishment corrected according to the sentencing guidelines] (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range), and the minimum limit of the applicable sentencing range shall be set according to the law, since the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence shall be made in full view of the records of the occurrence of the instant case, the degree of injury suffered by the victim, the agreement with the victim, the previous records of the Defendant’s previous punishment, and the conditions of various sentencing as shown in the pleadings of the instant case.

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