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(영문) 창원지방법원 2019.07.11 2018고단2700
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2018, around 06:10 on August 27, 2018, the Defendant left the victim’s head with a brick, which is a dangerous object that the victim got into the victim’s house in front of his residence B (n, 66 years of age).

In the end, the Defendant suffered bodily injury, such as two-time medical treatment, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (No. 13);

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Under the decision of sentence, favorable circumstances such as the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime: The time of and reflects on the crime; the person's self-defense is not limited to the degree of mental or physical disability; the person has no trace of endeavoring to recover damage; and the person has not been present even though he or she knew that the judgment was in progress.

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