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(영문) 창원지방법원 밀양지원 2019.06.27 2019고단164
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 24) are workplace clubs working in D 2 factories located in C when smuggling.

At around 23:30 on April 19, 2019, the Defendant: (a) reported the victim’s talking with another employee that he had a large voice while talking with another employee; and (b) led the victim to spawnize “dh” but the victim did not make any spawn; (c) one wheel board ( approximately 30 cm, about 30 cm, about 30 cm, about 30 cm, about 1.2 cm, about 1.2 cm), which is a dangerous thing at the same place, was collected toward the victim; (d) continued to spawn the victim’s spawn.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as an open wound of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (attaching a copy of the victim's initial records);

1. Application of the Acts and subordinate statutes to the crime tool and the photograph of the body part of the victim;

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. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigation area] mitigation area, imprisonment for four months to one year [ the scope of the corrected recommended punishment], for six months from six months to one year (the lowest limit of the recommended punishment under Acts is higher than the lowest limit of the recommended punishment). The lowest limit of the applicable punishment under Acts shall be set according to the minimum limit of the applicable punishment);

3. Determination of sentence: Although it is not good in the light of the risk of the means of crime for one year of suspended sentence in six months, the defendant's mistake is divided, and the degree of damage is not much significant;

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