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(영문) 창원지방법원 진주지원 2020.03.05 2019고단1555
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 September 21, 2019, the Defendant, at around 22:30, talked about the drinking value settlement from the victim D (the age of 68) who is a subsequent ship and the drinking in a singing room, and talked about the drinking value settlement at around 62:30 on September 21, 2019, the Defendant: (a) snicking of steel products (the name: 30cm) which are dangerous objects in the kitchen; (b) snicking of the face of the victim and the victim on one occasion; (c) strouping of ice lease (the name: 50cm) which are dangerous objects in the main bank; and (d) strouping of the victim’s face, etc., and strouping of the victim’s face, etc., which requires approximately six weeks medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes of each report on internal investigation (the No. 4, 6 of the evidence list);

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

1. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated injury [Type 1] special injury (including special injury to a person] mitigated elements: In cases where punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of recommending areas and recommending sentences] mitigated areas, and four to one year (the scope of recommending punishment corrected by applicable sentences) imprisonment with labor for six months and one year (the scope of recommending punishment corrected by applicable sentences);

2. Determination of sentence shall be made in the same way as the disposition is comprehensively taking into account the following: (a) the details of the injury inflicted on the victim; (b) the degree of the injury inflicted upon the victim; (c) the original agreement with the victim; and (d) the records of the defendant's previous punishment and the conditions

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