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(영문) 전주지방법원군산지원 2020.12.22 2020고단976
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 18, 2020, the Defendant: (a) around 00:30 on June 18, 2020, at the Defendant’s residence located in Yasan City B, the Defendant suspected that the Victim C (the 50-year old), who was her wife, had drinking with another male and late returned home, and, (b) the camping net, which is a dangerous object, carried out approximately 60-70 m in length, the Defendant’s left side, head, and bridge part of the victim’s 10-day medical treatment for about two weeks.

Summary of Evidence

1. The application of the police's statement of the suspect interrogation protocol of the defendant as to C in the statement of the defendant in the police interrogation protocol to the defendant, the investigation report (as to the victim's children's children D's children's children), investigation report (as to the application process for temporary measures for family members), investigation report (as to the attachment of suspect's residence photo), investigation report (as to the attachment of suspect's temporary measures to the suspect's children's children's children), investigation report (as to the letter sent by the suspect's children D), investigation report (as to the camping network

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 [Determination of types of punishment]. There is no special injury [Type 1] special injury [the scope of the recommended area and the punishment], the basic area of the punishment, six months to two years [no general person] (no reason for suspending the execution of sentence].

3. Determination of sentence: Imprisonment with prison labor for six months, and suspended execution for two years, the crime of this case by the defendant is serious as the victim inflicted an injury on the victim with a view to the camping net, which is a dangerous object, which is suspected that the victim had drinking with another male and female, delayed returning home, and the degree of the assault is serious. However, as the victim wanted to punish the defendant, it is inevitable to punish the defendant corresponding thereto.

(b).

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