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(영문) 창원지방법원 통영지원 2021.02.23 2020고단1307
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a legal divorce relationship between the victim B (n, 80 years of age) and the victim B.

1. On April 10, 2020, the Defendant, at the Defendant’s residence located in Masung-gun, Gosung-gun, G around 2020, inflicted an injury on the victim, such as a scarke, which requires about five weeks of medical treatment, by drinking the victim’s left side by drinking the victim’s talking with the victim.

2. On July 21, 2020, the Defendant, at the same place as 08:0(1) on July 21, 2020, carried out a talk with the victim, he was frighted to drink back the victim’s side glass, chest, body fry, frying the victim’s chest, frighting the victim’s chest, and frighting the victim’s chest on the part of the victim, resulting in an injury, such as light dump dump, etc., for which three weeks of treatment

Summary of Evidence

1. Application of Acts and subordinate statutes to each written diagnosis of the defendant's statement in court;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to ten years;

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

(a) Class 1 Crimes (Infliction of Determination) [Type 1] There is no general injury [Type 1] and there is no person who is subject to special sentencing] (the territory of recommendation and the scope of punishment], the basic field of crime (the scope of recommendation and recommendation], April through January 1.

B. No. 2 Crimes (Inflicting Decision) [No. 1] General Injury [No. 1] General Bodi (Special Sentencing) (Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation), April - January 1.6.

(c) Scope of punishment recommended according to the standards for handling multiple crimes: April to two years (the maximum of crimes No. 2).

3. Determination of sentence: A sentence shall be determined as ordered by taking into consideration all the circumstances, including six months of imprisonment, the developments leading to each of the crimes of this case for two years of probation and the extent of damage therefrom, the defendant has no record of criminal punishment before he/she was sentenced, his/her mistake against him/her, and the like;

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