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(영문) 창원지방법원 통영지원 2020.05.20 2019고단1304
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

Around 23:10 on October 20, 2019, the Defendant heard the horses of drinking from the victim D (at the age of 47) who is his spouse at the house of the Defendant of Tong Young-si, B, and C (at the inside of the Defendant’s house), the Defendant stated that “Chos and inside the house is four years of age,” and that “Chos and inside the house are four years of age,” and that the Defendant used transition (at the length of approximately 23 cm, approximately 12.5 cm in length, about 12.5 cm in length), which is a dangerous object in the opening of the kitchen, and collected the bridge of the victim. The Defendant sealed the gap between the rest in the toilet and the head of the victim by hand at the entrance of the 1st floor of the building, and made it possible for the victim to have the face of drinking.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim, such as knee-aekne open wife, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

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

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigated factors: the mitigated factors of punishment (including serious efforts to recover damage) or considerable damage (the scope of the recommended sentences and the recommended sentences] mitigated areas, imprisonment for four months to one year [the scope of the recommended sentences revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the lowest limit of the applicable sentences under law, and the lower limit of the applicable sentences are applicable to the law).

3. Determination of sentence: One year of imprisonment and two years of suspended sentence (one year of probation), this case was committed by the defendant as a domestic violence case committed by the victim identified by him, and the injury was inflicted by using a serious level of violence.

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