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(영문) 창원지방법원 마산지원 2020.05.19 2020고단190
특수상해
Text

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

Reasons

Punishment of the crime

On October 31, 2018, the Defendant was sentenced to two years of suspension of execution for the crime of obstruction of performance of official duties by the Changwon District Court on June, 2018, and the judgment became final and conclusive on November 8, 2018, and is still under suspension of execution.

On November 2, 2019, at around 03:25, the Defendant: (a) from the main point of “D’s operation,” located in Changwon-si, Changwon-si, Masan, to the issue of payment of the said C and the alcohol value; (b) from the victim E (Inn, 49 years of age), the Defendant: (c) she heard the phrase “A, pay the alcohol value”; (d) she she sawd the victim’s head on his/her hand; and (e) she inflicted an injury on the victim, such as the heat of the horse requiring approximately ten (10) days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A report on internal investigation (Attachment of photographs);

1. A criminal investigation report (Submission and attachment of a victim E's opinion);

1. Previous records of judgment: Application of Acts and subordinate statutes to investigation reports (criminal records for ten years), criminal records, and results of inquiry;

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 (hereinafter referred to as the following grounds for sentencing)

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. Where he/she is punished by imprisonment with labor for one year.

4. The Defendant who rendered a sentence is the head of a beer’s disease on the ground that the victim paid the drinking value at his/her main point and talked that he/she would go.

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