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(영문) 창원지방법원 통영지원 2019.10.31 2019고단872
상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 04:00 on July 6, 2019, the Defendant made a conversation with the victim as to a case where D and the victim E (here, 22 years old) who previously attended the Defendant, was unable to take care of one another. However, the Defendant took part in the victim’s body by putting the victim’s face into the victim’s continuous request for a conversation with the victim’s “I am hickly and well-known.” However, the Defendant continued to take part in the victim’s face part in drinking, by assaulting the victim’s head, leading the victim’s head, leading the victim’s hair, etc., and she took part in the victim’s injury, such as cutting off the victim’s body at the first 28 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Photographs of the body part of the victim’s body;

1. A written diagnosis of injury;

1. A detailed statement on handling 112 reported cases;

1. Other closure photographs of the crime scene;

1. Other closure photographs prior to committing a crime;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury) and the reason for sentencing selecting imprisonment with prison labor for the crime;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines, general injury [Type 1] general injury [special injury (special punishment)] increased factors: serious injury (the scope of recommendation field and recommendation type] increased area, six months to two years and six months.

3. In light of the fact that the defendant, who had the same criminal record as the sentence of punishment, committed serious violence to the victim and caused serious injury requiring medical treatment for about 28 days, and did not recover from damage, a sentence of imprisonment shall be imposed. The term of imprisonment is as follows: the circumstances leading to the crime along with the above circumstances; the background leading up to the crime; the time when the crime was committed; the defendant’s age, character and behavior, environment; the motive, means and consequence of the crime; and other circumstances after the crime.

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