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(영문) 창원지방법원 진주지원 2019.10.23 2019고단1074
특수상해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 26) are married couple.

At around 01:30 on August 17, 2019, the Defendant, while doing camping together with the victim at the Don Island located in Geumdong-gun, Geumdong-dong-gun 171, the Defendant: (a) had a dispute with the victim as an external problem of the victim; (b) had a simple test for camping for camping (a: approximately 80 cm: length: about 65 cm) one time to the victim’s face; and (c) had the victim’s body 5 through 6 times to the victim, walking the victim about about 28 days for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of on-site photographs, written diagnosis of injury, 112 report handling table, site, and statutes governing damaged photographs;

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines (revision according to the applicable sentencing guidelines), the special injury, and the injury by repeated crime (type 1) shall be the mitigated area of the special injury, and six months to one year;

2. The degree of damage caused by the determination of the sentence shall not be minor;

However, the victim does not want to be punished by mutual consent between the victim and the victim.

In addition, the relationship between the defendant and the victim, details of the crime, etc.

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