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(영문) 창원지방법원통영지원 2020.11.04 2020고단621
특수상해등
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

The defendant is an employee of the "C" in Tong Young-si B and 2, and the victim D (ma, 40 years old), victim E (n, 37 years old) and victim E (n, 37 years old) visit the above main points.

1. Around 00:01 on April 20, 2020, the Defendant: (a) demanded the victim D to sing in the above C to singing; (b) on the ground that the victim refused to do so, the Defendant assaulted the victim by saying, “I am going to sing off three singings, which are dangerous things, in the direction of the victim; (c) having three singsings, which are dangerous things, come to the direction of the victim; and (d) having the difference between one single disease and one plastic material, correspond to the victim.

2. Around 00:13 on April 20, 2020, the Defendant, at the same place as the above paragraph (1) at the same time as the above paragraph (1), was in dispute with D and the victim E, who was in action, on the same grounds as the above paragraph (1), left two beer disease and two beer disease and one disease were collected in a corridor, which are objects dangerous to the victim E, and caused the above victim to be broken down in the left mouth of the above victim.

As a result, the Defendant inflicted an injury on the victim, which is open to the next part of the bridge that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the police report on investigation (as to photographing), investigation report (as to attaching CCTV images, etc.), investigation report (as to attaching a medical certificate) with respect to D;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (Special Bodily Injury) (Special Bodily Injury Determination) (Special Bodily Injury) ; 02. A special injury, repeated injury (Type 1) ; and there is no special injury (special person) ;

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