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(영문) 창원지방법원 진주지원 2019.10.10 2019고단550
특수상해
Text

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

The defendant living together with B, and the victim C (Nam, 26 years old) was dead with B.

Around 02:10 on April 1, 2019, the Defendant reported that the victim was in the same manner as his/her woman B living together with the victim, and had a verbal dispute with the victim, which is a dangerous object (a 20 cm, vertical 18 cm) and got the victim, and again, had the head of the victim's left-hand head one time on the ground of a stone (a 14 cm, vertical 10 cm) which is a dangerous object in the surrounding area.

As a result, the defendant carried a stone, which is a dangerous thing, and carried a two-time medical care for the victim, and carried a two-time medical care for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning B;

1. A written diagnosis of injury;

1. Application of field photographs, damage photographs statutes;

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

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 [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 to a considerable part [ 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. There are various records such as the circumstance where the defendant sentenced to the sentence had injured the victim, the attitude of the defendant who abused the victim, the degree of the victim's injury, the fact that the defendant agreed smoothly with the victim, the record of the previous punishment of the defendant, etc. and the arguments of this case.

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