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(영문) 창원지방법원 진주지원 2020.04.22 2019고단1725
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 1, 2019, at around 13:15, the Defendant was trying to enter a wedding hall by driving Done Starex car on the front side of Daegu Dong-gu, Daegu-gu, and was subject to control from the victim E (the 22 years old), who is a dangerous object, knee of the victim of the said knee, who is a dangerous object.

As a result, the Defendant used dangerous things to put the victim into a scopic scopic scopical scopty which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Act and subordinate statutes, such as a medical certificate, each photograph, a 112 reported case processing statement, and “e-mail and medical records, damaged photograph, etc.”

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. Scope of the recommended sentence according to the sentencing guidelines: From six months to one year (amended according to the applicable sentences) of imprisonment for a special injury, injury by repeated crime (category 1) for a special injury, or injury by repeated crime;

2. It is highly likely that a sentence of punishment is to be determined, and the nature of the crime is not good in light of the behavior before and after the crime;

However, the recognition of crime and the degree of damage are not heavy.

The age, health, etc. of the accused shall be taken into consideration.

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