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(영문) 창원지방법원 마산지원 2020.07.21 2020고단502
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

At around 01:50 on May 3, 2020, the Defendant, while drinking alcohol together with the victim D at 103 “Csing room” located in Changwon-si, Changwon-si B, and 103 above, carried out a test with the victim on the ground that the victim would be bad to himself. During that process, the Defendant collected a csinger’s disease on the part of the client, while making it difficult for the victim to reach the face side of the victim who was seated on his left side, and carried out a serious csing column (the length: 8cm above the right side side, 10cm below the lower side) that requires approximately 4 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. Five copies of a report on internal investigation (in relation to attachment of photographs), five photographs;

1. Investigation report (Attachment to CCTV images, etc. at generated places), CCTV photographs, images, etc.;

1. One copy of a report on investigation (Attachment of a medical certificate for a victim), and a medical certificate;

1. One copy of a report of investigation (attached photographs of the situation, such as the emergency measures of the victim), and one photograph;

1. Three copies of the investigation report (limited to the criminal reporting, escapeer's escape, unsatisfyer's disease, seizure and photograph attached);

1. A criminal investigation report;

1. Application of Acts and subordinate statutes on appraisal, commission and letter of request for victims;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type] violence crime: Special injury [the type 1] Special Injury (including a special person] special injury (including a serious effort to recover damage) or considerable damage is recovered: In cases of serious injury (excluding the area of recommendation and the scope of recommended punishment), six months to two years [the scope of recommended punishment corrected according to the applicable sentencing guidelines] recommended by the sentencing guidelines for one year to two years are inconsistent with the lower limit of the applicable sentencing under law.

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