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(영문) 창원지방법원 2018.09.06 2017고단2986
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2, 2017, the Defendant: (a) went to the residence of the victim C (56 cm) located in Changwon-si, Changwon-si; (b) around 11:15, the Defendant: (c) knew that D was in the victim’s home that D was in contact with E, and provided the victim with the victim’s wife; (d) provided the victim’s desire to walk the telephone; and (e) took each item (70 cm in total length, about 33 cm in thickness), which is a dangerous object located far from the roadside (the total length, about 70 cm, and about 3 cm in thickness) that C was in contact with the victim’s residence and opened the front door, and took the victim’s left side part one time, and took about two parts of the victim’s back to the victim’s wife and took part of the victim’s body one time, and took part of the victim’s body open to the victim’s wife requiring approximately 2 weeks treatment.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. E statements;

1. Application of each item and the Acts and subordinate statutes governing victim photographs;

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

1. The basic area (2 years - 4 years) of the sentencing criteria [the scope of recommended punishment] and the basic area (2 years - 4 years) of special injuries;

2. In this case, the circumstances leading to the commission of the crime are as follows: (a) considering the circumstances leading to the crime as the case was committed under each item in a state of interest by being mistaken for the victim who had taken a bath to himself/herself, notwithstanding the lawful discipline.

There are also circumstances to consider the defendant's misunderstanding that the defendant's children will be in the office of the victim by communicating with the child in the course of making the victim's wife and telephone.

I seem to appear.

In light of the defendant's age, sex, environment, records of crime, degree and degree of injury, and other circumstances that are conditions for sentencing, it is too harsh to the defendant to determine the punishment within the recommended range of sentencing guidelines.

For this reason, the sentencing criteria are set aside.

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