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(영문) 창원지방법원 마산지원 2019.03.26 2018고단1220
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a neighbor who lives in the next house of the victim B(60 years of age) with a delay disability.

On October 25, 2017, at around 14:30 on October 25, 2017, the Defendant began to drink with the victim at the inside of the victim's house located in Busan Sagu C, and, at around 2:30 on the same day, the Defendant saved with the victim with his own heavy voice and talked with him.

Without any reason, the term “Bahh, Ahhnh, Ahnhnhnhnb,” while putting in excess of dangerous things (24.5 cm in total length, 13 cm in length) the victim’s inside side, ear, shoulder, bucks, arms part, etc., which require approximately three weeks of treatment, was put to a bru and the victim’s side face, right ear, right shoulder, arms, and bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning damaged parts and excessive photographs of victims;

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 Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes (the first type] special injury [the special person] special injury [including a serious effort to recover damage] mitigated elements: In the area of mitigation [the area of recommendation and the scope of recommended punishment] mitigated range, four months to one year [the scope of recommended punishment revised according to the sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range, and thus the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the applicable sentencing criteria).

3. According to the Defendant’s criminal act with no particular reason, the victim was satisfed at the time of committing the crime.

Whether or not the defendant denies the crime at the beginning of the investigation and thereby self-harmed by the victim.

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