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(영문) 창원지방법원 통영지원 2020.07.22 2020고단482
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

On March 29, 2020, the Defendant took a bath for the victim D (year 49) and drinking, and took a bath for the victim. The Defendant took a dangerous thing at the time of the Defendant’s head when drinking the victim’s head one time. On March 29, 2020, the Defendant saw the beer’s disease, which is a dangerous thing in the victim’s head, and inflicted an injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of the Medical Certificate (D) Acts and subordinate statutes;

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 Social Services Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated injury [Type 1] Special Bodily Injury (Special Contributors): Reduction element: Imprisonment with prison labor for 6 months to 1 year [the scope of recommendation range and recommendation range]; imprisonment for a reduced range of punishment [the scope of recommendation range and recommendation range]; imprisonment for 4 months to 1 years [the scope of recommendation changed according to the applicable sentencing range].

3. Determination of sentence: Imprisonment with prison labor for not less than eight months, two years of suspended sentence (40 hours of social service) [Incompetence] means of injury, and part of attack, the commission of crime is very dangerous, and the degree of injury resulting therefrom is minor;

Defendant has been punished for committing a crime, such as an injury, under the influence of alcohol, multiple criminal records.

[Ligue circumstances] The victim does not want to punish the defendant by agreement.

The defendant's mistake is recognized.

Other circumstances revealed in the trial process of this case, such as the age, character and conduct, environment, family relationship, etc. of the defendant, shall be determined as per the disposition.

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