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(영문) 제주지방법원 2020.06.12 2020고단446
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:10 on December 22, 2019, the Defendant, at the main point of “C” located in “C” located in “P” in Jeju Island, sought a warning from the victim D (the age of 52) about the fact that the Defendant took a bath, and she saw the victim’s head as a dangerous object on the table B, and inflicted an injury upon the victim’s head at the head part where it is impossible to identify the treatment period.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement made by the police about D's written statement; and

1. Entry of the E-document;

1. Description of a petition for complaint filed in DNA;

1. Entry of a copy of the medical record prepared by the head of the F Hospital; and

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing [the range of applicable sentences under the law] Article 62(1) of the Criminal Act (refluence of favorable circumstances among the reasons for sentencing) : [the range of applicable sentences under the law] 6 months to 5 years (the case of discretionary mitigation] / Determination of type ] violent crime, special injury, repeated crime, injury by special injury (special injury) - mitigated element - mitigated element - Influence of punishment [the general person] - Influence of punishment [the general person] - serious half [the range of recommended punishment] mitigation range 6 months to 4 months [the range of corrected recommended punishment] 6 months to 1 year [the minimum range of applicable sentences under the law] (the minimum of applicable sentences under the law is below the minimum limit of applicable sentences under the law] - The main reason for suspended sentence - Where the defendant committed a dangerous act by carrying dangerous things, the general person's relation with a prison term - one year to - six months to - one-year imprisonment with prison labor and one year to -one year to ].

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