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(영문) 창원지방법원 통영지원 2019.10.10 2019고단804
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around 20:40 on May 28, 2019, the Defendant, at C cafeteria B at a d cafeteria B at a d d (50 years of age) and d (50 years of age) and d (50) while drinking alcohol at the same site, the victim cannot work properly, and the Defendant, as a tree dynase, was placed in two strings of treatment days by considering the victim’s head at the time when the victim’s head was cut and the victim’s head was cut.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. 112 reported case handling table;

1. Scenes-fafics of field CCTVs;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 258-2 (1) or 257 (1) of the Criminal Act applicable to 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 on probation and 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 [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Although the criminal liability for the instant crime committed by the Defendant, having the same criminal record as the sentencing decision, is not less than that of the victim with dangerous things, the fact that the victim has agreed to pay medical expenses, etc., the time and reflects the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.

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