logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2020.05.20 2020고단49
특수상해
Text

A defendant shall be punished by imprisonment for six 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 December 18, 2019, at around 23:10 on December 23:10, 2019, the Defendant: (a) under the influence of alcohol, and (b) took a dispute with D, a ship-owner, for the reason that the victim E (25 years of age) restrains him from doing so; (c) released the victim’s inner part of the victim’s inner part of the drinking part; and (d) took part in the victim’s inner part of the drinking part once.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, such as a multi-lock test, etc., on the left side of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to report internal investigation (as to the attachment of an injury diagnosis certificate);

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) (Type 1): Special injury, repeated crime [Special Bodi Person] (Special Bodi Person] mitigated elements: Non-members of the punishment [the scope of the recommended area and the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Although the Defendant was sentenced to the suspension of indictment for a special injury on April 3, 2019 by getting a beer’s disease to the head of the other party, the Defendant committed an injury in consideration of the victim’s injury to the beer’s disease, which is a dangerous object after 8 months from that date, and the nature of the offense is not good.

However, the fact that the defendant recognizes the crime of this case, the victim does not want the punishment of the defendant, there is no record of criminal punishment, and other sentencing, such as the age, character, character and environment of the defendant.

arrow