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(영문) 창원지방법원 통영지원 2019.07.23 2019고단438
특수상해
Text

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

At around 12:05 on April 3, 2019, the Defendant, at the top of the post office located in 104, a 11:30 on the same day, was under dispute over the vehicle passage around the 11:30 on the 11:30 on the same day, and the Defendant was under dispute over the victim B ( South Korea, 46 years of age). The Defendant was under dispute with the left hand, and the Defendant tried to leave the vehicle C, but the Defendant was under knee two times on the said vehicle, which is a dangerous object on the ground that the victim was prevented from leaving the vehicle, and the victim continued to have kneed two times on the kne of the victim by getting off the vehicle from the vehicle in front of the knife. The victim was under dispute over the vehicle in front of the knife.

As a result, the defendant carried dangerous articles and carried them about 21 days of treatment to the victim, knee knee, knee, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Photographs and attachment of the victim;

1. Application of the photographic Acts and subordinate statutes by cutting a black boom;

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 for discretionary mitigation;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: The injured party shall be accompanied by the details of the relevant violence and the danger of using the relevant article;

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