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(영문) 창원지방법원 밀양지원 2019.07.18 2019고단220
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant registered his business with the trade name of “C” in “C,” and had the victim D (56 years of age) who was in a relationship with “C” operate this.

On January 25, 2019, the Defendant: (a) around 21:00, around C, on the ground that the victim took a singing with other male customers, etc., and (b) took the face and body of the victim several times due to his/her fingers, and took the victim’s hand and her body, and she took the victim’s hand and tried to prevent him/her from doing so.

The defendant continued to avoid the defendant, and the Faccined in the Faccine E, which is the faccinner of the above C, when the defendant was able to trace the victim's head debt, and the victim's face and body face were taken by hand and baccined.

As a result, the Defendant carried a dangerous victim, who was in need of approximately six weeks of medical treatment, and inflicted injury on the victim, such as “the cutting off and closing of the floor of a heavy water-frame.”

Summary of Evidence

1. Defendant's legal statement;

1. D’s statement of the police officer on March 7, 2019, and the police officer’s statement of G;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [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 corrected 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 minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Six months of imprisonment with prison labor, and two years of a stay of execution;

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