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(영문) 제주지방법원 2020.12.04 2020고단2186
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On August 5, 2020, the Defendant, at around 17:10 on August 17:10, 202, injured the victim’s clothes in an open upper part of the wall that requires approximately two weeks of treatment to the victim on the ground that the victim is not a male in the “D” room operated by the Seopopo City B (n, 58 years of age). The Defendant, on the hand, caused the victim’s knife and knife the part of the knife of the knife with the knife, twice the victim’s knife, and the knife, which is a dangerous object (nife, 44cm in length, 30cm in length in length).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. A written statement prepared in C;

1. Each investigation report prepared by the police (Attachment 112 Report / Attachment of B market CCTV images and photographs / Attachment of field pictures / Attachment of the front cover photographs worn by the victim at the time of damage / Attachment of the front cover photographs worn by the victim at the time of damage / Any record or video (including attached documents) of each investigation report prepared by the police;

1. Statement of investigation report prepared by the police;

1. Entry of the police record of seizure;

1. Description of a written diagnosis of injury to C in preparation of doctor E;

1. Application of each of the Acts and subordinate statutes to images of damaged parts, pictures damaged by special violence, and photographs of seized objects;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of punishment by law] 6 months to 5 years (where mitigation has been made, a decision of type ] violent crime, special injury, repeated crime, injury by special person (special injury) - mitigated element - Involuntary mitigation element - Involuntary mitigation element - Involuntary mitigation element (general person who is a person who is a person with a mental disability) - serious reflects [the scope of recommendation range] mitigation range, prison labor 4 months to 1 year [the scope of corrected recommendation range] sentenced to imprisonment 6 months to 6 months, and the lowest limit of recommendation for one year from 1 year.

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