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(영문) 제주지방법원 2020.03.13 2019고단2534
특수상해
Text

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

except that 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 is the same kind of the victim B (the age of 43).

On September 28, 2019, the Defendant: (a) while making a verbal dispute with the victim at the Defendant’s residence located in Jeju City around 01:33 on September 28, 2019, the Defendant: (b) taken the face of the victim as drinking; (c) taken the patient as a dangerous object; and (d) took the head of the victim, and inflicted an injury on the victim, i.e., on the right side of the victim, where the victim’s head needs to be treated for about three weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of statement concerning B prepared by the police;

1. Entry of the written statements of D;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. A description of the general medical certificate for B prepared E-mail;

1. To describe a copy of the emergency medical services log;

1. Application of each video-related statute to the victim B, a photograph of damage photograph, etc.;

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. Reasons for sentencing [the range of applicable sentences under the law] under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing"), [the scope of applicable sentences under the law] 6 months to 5 years (the case of discretionary mitigation] / Determination of a sentence ] violent crime, special injury, repeated crime, injury by special injury (special injury) - mitigated elements - Reduction element - Non-Mitigation of punishment (general person): Reduction element - Reduction element - serious reflects [the scope of recommending punishment ] mitigation range , 4 months to 4 years [the range of corrected recommended punishment ] mitigation range 6 months to 1 year [the minimum limit of applicable sentences under the law] - (the minimum limit of applicable sentences under the law is below the minimum limit of applicable sentences under the law ] - the main reasons for positive commitment - negative effect of punishment .

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