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(영문) 창원지방법원 통영지원 2020.06.30 2020고단317
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On February 11, 2020, the Defendant had a problem as to whether the Defendant was more friendly with D, who is the Defendant’s seat, while drinking alcohol together with C (Nam and 40 years of age) at the Defendant’s residence in Yong-si, 03:25 on February 11, 2020, and his body fighting is punished.

When the victim faces a drinking face from the victim, the victim knife knife knife knife knife (25 cm in total length, 20 cm in knife knife knife knife knife knife knife knife knife knif

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, such as the side of the bridge and other blood damage that requires medical treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement;

1. An injury diagnosis report and a gene appraisal report;

1. Application of Acts and subordinate statutes of subparagraph 1 of this Article;

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the scope of the recommended punishment [the category 1] special injury (including a serious effort to recover damage) or the factors of mitigation: In cases of serious injury (excluding the category of special serious injury) [the scope of the recommended punishment and the scope of the recommended punishment], six months to two years (the scope of the recommended punishment corrected according to the sentencing guidelines] sentenced to imprisonment for one year and two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment).

3. Determination of sentence: One year of imprisonment with prison labor, and two years of suspended sentence are committed using a deadly weapon, and the degree of damage cannot be deemed to be less severe, and thus, the crime in this case was committed contingent, but the defendant agreed with the victim.

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