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(영문) 창원지방법원 마산지원 2019.09.17 2019고단656
특수상해
Text

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

On June 2, 2019, around 06:35, the Defendant: (a) in the 1st floor parking lot of the Dong-dong Culture Standpo-gu, Changwon-si, Changwon-si, 16:31-4, the Defendant: (b) reported that C, a member of the sufficient club, such as the victim B (the 44 years of age), was dissatisfied with the victim; and (c) reported that “Isn't go to the foreme of the fune of the nivee of the nivee of the nivee of the nivee of the nivee of the nivee; and (d) reported that “Isn's death,” the victim said that “Isn't kn's kn's kn's kn's kn's kn's kn's kn's kn's length (17.3 cm, 12.7 cm in length; and 30 k's's's').

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Seized articles and photographs;

1. A medical certificate;

1. Investigation report (to attach CCTV images recorded on the surface of a person who commits a crime);

1. Application of photographic Acts and subordinate statutes after closure;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

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

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of a type] of violent crimes [the first type] special injury [the special person] special injury (including a serious effort to recover damage) or considerable damage therefrom (the scope of the recommended and recommended punishment] mitigated area, imprisonment from four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] recommended in the sentencing guidelines from six months to one year, the lowest limit of the applicable sentencing range in law is set by the applicable sentencing range.

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