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(영문) 창원지방법원 2020.11.25 2020고단3161
특수상해
Text

A defendant shall be punished by imprisonment for 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

The defendant and the victim B (Nam, 43 years old) are between the two members of the same Edridton Association.

On September 12, 2020, the Defendant: (a) around 00:40 on September 12, 2020, while talking with the victim within a 10-time radius of “D” entertainment tavern in Kimhae-si, the Defendant took one time a part of the victim’s face due to drinking for an unforeseen reason; (b) the victim asserted against the Defendant; (c) placed the Defendant on his/her table, and her seat on his/her hand, she left the victim’s face.

As a result, the defendant carried dangerous things with the victim for about 14 days and inflicted an injury on the victim in sacratic sacratic sacy and sacratic sacy.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to investigation reports (investigation into the submission of an injury diagnosis report);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Sentencing Criteria

1. Scope of punishment by law: One to ten years of imprisonment;

2. Determination of the sentence according to the sentencing guidelines [the determination of types] the scope of recommendations according to the sentencing guidelines for special injury and repeated injury [the first category] special injury [the scope of recommendations and recommendations] mitigation area: Reduction area; imprisonment for four months to one year [the scope of recommendations corrected according to the sentencing guidelines]; imprisonment for one year (the lower limit of the sentencing range recommended by the sentencing guidelines is in conflict with the lower limit of the statutory applicable sentences, and the lower limit of the sentencing range is set according to the law applicable sentences): Imprisonment for six months; imprisonment for one year disadvantageous to the suspended sentence: The method of crime is very dangerous.

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