logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.11.22 2019고단2775
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 04:20 on August 23, 2019, the Defendant: (a) thought that the victim D(34 years of age) was under the influence of alcohol in the immediately preceding B apartment C, Changwon-si, B apartment C, and that the victim did so with the money of the Defendant; (b) said, the victim took care of the victim’s face once due to the blue blue of the right blue; (c) said, the victim took care of the victim’s face twice due to the blue blue blue of the blue and walking the victim’s face twice; and (d) the victim took care of the victim’s head three times by using a flue kick (a) that is a dangerous thing in the surrounding area, the length of 14cm, the thickness of 4cm) and caused the victim to take care of approximately 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs taken on the spot and damaged parts;

1. Relevant Articles of the Criminal Act and 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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Contributor] mitigated elements: Non-won of punishment [the scope of the recommended area and the recommended punishment] mitigated area, and four to one year [the range of the recommended punishment corrected according to the applicable sentencing] imprisonment for four months [the range of the recommended punishment corrected according to the applicable sentencing] (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the minimum of the applicable sentencing range is set according to the law applicable sentencing range);

2. Determination of sentence: (a) comprehensively taking account of all the sentencing conditions, such as the circumstances following the sentence; (b) the background of the instant crime; (c) the Defendant’s age; and (d) character and conduct; and (c)

Unfavorable circumstances: the defendant uses dangerous articles to the effect that the nature of the crime is not less exceptionally used for violence against the victim:

arrow