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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1546
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

At around 02:00 on May 17, 2019, the Defendant, in front of the "C" drinking house located in the Southern Sea-gun, Namnam-gun, on the ground that the victim D(22 years of age) spited the victim's face into the floor, and appeared to have a strong attitude in the field of drinking, and caused the victim's injury, such as double-filled species, franchis, franchis, and franchis, which are dangerous objects after taking the victim into the drinking house smoking room, when he saw the victim's franchis, he saw the victim into the part of the victim's processed franchis, which is a dangerous object, for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The reason for sentencing under Article 62-2 of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria, the basic area of special injury, injury by repeated offense (type 1), six months to two years;

2. Although the decision of sentence did not receive the statement of the victim, it recognized the crime and deposited a certain amount for the victim.

In addition, the circumstances of crimes, violence, degree of damage, etc. shall be taken into consideration.

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