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(영문) 창원지방법원 마산지원 2020.02.04 2019고단900
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 01:10 on February 11, 2019, the Defendant found D’s head to talk with D’s “EM” in Changwon-si, Changwon-si, the Defendant: (a) reported that the said D had 2 microscopics and singing two microscopics; and (b) deducted one microscopics where the said D had scopics and scopics on his hand; and (c) the victim F (51 years of age) committed the above act of the Defendant; and (d) the Defendant tried to cut the microscopics of the victim, which are dangerous articles that were scopic to his hand ( approximately 24cm in length, approximately 3 cm in diameter), and caused injury to the victim, one time more than three weeks of the victim’s head, and the victim had no two scopics where the treatment of approximately 3 weeks is required.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, F, and D;

1. On-site photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report on investigation (Correction of suspect B name of the crime and failure to seize the crime);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigated area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant rendered a sentence on the grounds that he was dead, thereby causing injury to the Defendant by putting the head of the Lao’s other customers in microfa.

Some of them are violent crimes.

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