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(영문) 창원지방법원 통영지원 2021.02.03 2020고단1007
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a victim B (n, 89 years of age).

The Defendant, around 22:00 on July 11, 2020, under the influence of alcohol in a victim’s dwelling room located in Gyeongnam-gun, Chungcheongnam-gun, Gyeongsung-gun, for the reason that the injured party, rather than the Defendant, gave a certificate of the above house to D, her son, she was her name in the name of this e-mail h.h.

(h) The breath of the victim’s breath of 10 times with his hand, spit the victim’s face, spit the victim’s head by using cream, which is a dangerous thing in his hand, and then breath of the victim’s head once. The breath of the breath of the cream was collected with his hand, which is a dangerous thing in his breath, and the victim’s arms were 10 times by taking about 10 parts of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the b

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of police statements made by the defendant in relation to the defendant's legal statement B (related to photographs of the victim's standing body), investigation report (applicable to the victim's standing body and photographs of the victim's criminal intent);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

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

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special bodily injury and repeated crime injury [type 1] Special injury [Special Aggravation of Punishment]: Inadverse factors: Victims who continue to exist [the scope of the recommended punishment and the scope of the recommended punishment] basic area, six months to two years [the scope of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for one year from one year to two years (the lowest limit of the applicable sentencing guidelines is applicable in law because the lowest limit of the scope of the sentence recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines set forth in law).

3. Determination of sentence: One year of imprisonment and three years of suspended sentence (protection and observation) this case is a domestic violence case in which the accused, under the influence of alcohol, waits at the victim through coffee balcon, etc.

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