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(영문) 창원지방법원 진주지원 2019.06.12 2018고단783
특수상해등
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

Around 06:30 on March 23, 2018, the Defendant used each item (120cm in length, 40cm, 40cm in thickness) which is a dangerous object in which the Defendant was able to hear the desire from the victim, while the Defendant was in dispute with the victim C (43 years of age) who is a pro-born student of the Defendant, who was in a single-use position, at the site of the newly-built house construction work site managed by the Defendant in Jinju City, around 06:30 on March 23, 2018, and used the victim’s shoulder, such as the shoulder, etc., and dump pipe (200cm in length, 50cm in diameter) which is a dangerous object in which the Defendant continued to do so.

The Defendant found the victim's face in Sacheon-si D at around 15:20 of the same day when the victim returned home due to the above Defendant's violent event, and tried to walk up twice the victim's face in Sacheon-si D, and took several steps to walk up the victim's face, and took part in the victim's face by drinking.

As a result, the Defendant inflicted bodily injury on the victim, such as the shoulder and the spambling of the arms that need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs, such as item, etc.);

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recommended sentences according to the sentencing criteria;

(a) The area to be mitigated for a special injury (type 1) and the area to be mitigated for a repeated crime (type 1), four months to one year;

(b) From February to October, the area of general injury (type 1) (type 1) and the area of mitigation of punishment;

(c) The criteria for handling multiple crimes and the scope of recommendations revised according to the applicable sentences: Imprisonment with prison labor for not less than six months to May 2.

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