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(영문) 창원지방법원마산지원 2020.12.22 2020고단1102
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2020, the Defendant collected small-scale disease, which is a dangerous object on the table, while drinking alcohol together with the victim C (manam and 34 years old) on the front of the hotel in Changwon-si B hotel in Changwon-si, Masan-si, 2020, and caused the victim to cut off about 2-3 cm from the right side of the treatment days because the victim was able to drink the horses without permission.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs;

1. A fireproof report (to attach on-site CCTV photographs and video CDs);

1. Application of four closure photographs and four Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery from a considerable part of damage (the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment 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. Opinions of prosecutors: One year of imprisonment and two years of suspended execution;

4. The Defendant, who was sentenced to the sentence, sustained an injury by the victim, resulting in an injury to the victim.

Victims suffered minor injuries.

Defendant has been punished twice for violent crimes (2001, 2014).

However, the defendant recognizes the crime.

Sicker's disease.

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