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(영문) 창원지방법원 진주지원 2020.05.12 2019고단1235
특수상해
Text

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

except that 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 June 24, 2019, around 11:30 on June 24, 2019, the Defendant suffered from the victim D (the 53 years old), who is located in the Sacheon-si B market, the Defendant: (a) caused the victim’s injury to the victim, i.e., the victim, who was in possession of the victim on the ground that the victim said D (the 53 years old), “Sadon Don Don Don Don Don Don Don Don Don Don Don Don Don Don,” such as “Wn Don Don Don Don

Accordingly, the defendant injured the victim by an illness, which is a dangerous thing.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal investigation and investigation reports (Nos. 4, 11, and 12 in the evidence list);

1. Statement made to D by the police;

1. Application of the CDs and closure screen Acts and subordinate statutes;

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 (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Bodi Bodi Contributor): Insignificant injury [the scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the applicable sentencing range

3. The Defendant, who was sentenced to sentence, has inflicted an injury on the victim due to an injury on the victim, which is a dangerous thing. It is an unfavorable circumstance that the nature of the offense is not good, that there was a record of punishment for violent crimes, that there was not been melted by the victim, and that there was no circumstance to deem that the damage was recovered.

However, this case after a considerable period of time has elapsed from the time when the defendant was punished for the same kind of crime.

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