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(영문) 창원지방법원 통영지원 2020.06.10 2020고단213
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the age of 38) are workplace rent.

On December 28, 2019, the Defendant was at the construction site located in 09:10 on December 28, 2019, and was at the site located in 09:09:10, and was at the site of a new house located in Mad City C, and was at the site of the Defendant’s examination, and was at the site of the Defendant, the Defendant was at the expense of the Defendant, and was at the expense of the Defendant, and was at the expense of the Defendant, the Defendant was at the expense of the Defendant, and was at the expense of the victim, who was in a dangerous object between the purchase and was able to take three times the head head part of the victim, who was using the safety mother, and was at the expense of the victim, who was at approximately six times at the f

Summary of Evidence

1. Each legal statement of the defendant and co-defendant;

1. Photographss of the upper part of the suspect, or a stophographic photograph used for violence;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (B);

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for not less than six months to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Bodily Inflicting] (Specially Inflicting Person] mitigated elements: In the area of punishment [the scope of the recommended punishment and the range of the recommended punishment] mitigated, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing guidelines, and therefore the minimum limit of the applicable sentencing range is set according to the law).

3. Determination of sentence: Imprisonment with prison labor for ten months, suspension of execution for two years (40 hours of social service, 40 hours of attending the psychological therapy necessary for the prevention of re-offending of violent crimes), ] The defendant prepared to commit a crime to inflict harm on the victim, and committed violence at a level heavier than that of the victim by priceing the head part of the victim's disease due to the above so on.

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