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(영문) 창원지방법원 2019.06.27 2019고단581
특수상해
Text

A defendant shall be punished by imprisonment for six 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 September 20, 2018, around 04:40 on September 20, 2018, the Defendant collected the chair who is a dangerous article for the victim from the ship owner of the company (the age of 29) on the ground that the victim D (the victim) who is the ship owner of the company disregards himself/herself, and continued to return the defendant's face to drinking.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as the cutting of a pelf, etc. in need of treatment for about eight weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of a medical certificate;

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 punishment by law: One to ten years of imprisonment;

2. Extent of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes: Special injury, repeated crime [Type 1] Special injury (special person who has been punished] mitigated element: In cases where victims are fully responsible for the occurrence of a crime or the expansion of damage, in cases where victims are also responsible for the occurrence of a crime or for the expansion of damage, or where considerable damage has been recovered, the aggravated element: serious injury (excluding the recommended area and the scope of recommended punishment) mitigated area, and four to one year.

3. Determination of sentence shall be made in the same way as the order, taking into consideration the following circumstances, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, and circumstances after the crime.

The favorable circumstances: The time of committing a crime and reflects, the victim does not want the punishment of the defendant by mutual consent with the victim, the defendant appears to have been subject to assault by the victim first, and the defendant does not have any particular criminal record in addition to the punishment twice by a fine due to a crime for a crime of this species, and is disadvantageous to the ship of the company.

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