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(영문) 창원지방법원통영지원 2020.12.03 2019고단1299
특수상해
Text

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

Reasons

Punishment of the crime

On August 17, 2019, the Defendant: (a) tried to see that the Defendant did not come back to the table table of the victim D (year 42) while drinking mixed alcoholic beverages at the “C” restaurant located in B at the 00:30 Scam on August 17, 2019; (b) on the ground that the Defendant was scambling, “Is Scam for the victim; (c) why she was scamed on the table of South Korea; and (d) why she was scam, Isam for the victim, which is a dangerous object on the table; and (d) sent the head of the victim one time, and had the victim undergo approximately 21 days medical treatment.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's written statement statement, injury diagnosis certificate (D);

1. Reasons for sentencing under Articles 258-2 (1) and 257 (1) and 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation of crimes;

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence: The sentence shall be determined as per Disposition in consideration of all the circumstances including the developments leading to the instant crime in August, the degree of damage therefrom, the defendant's failure to agree with the victim, the defendant's previous criminal punishment records, etc.;

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