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(영문) 창원지방법원 마산지원 2019.08.20 2019고단409
특수중상해
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

At around 03:50 on April 4, 2019, the Defendant: (a) around 03:50, in the “Dju shop” of the Victim C’s Operation, the Defendant: (b) in the process of making the Defendant and other customers with the view to the victim’s visual expenses on the grounds that the Defendant and other customers appeared, on the ground that the victim took the part of the said other customers; (c) caused the victim’s eye to the eye, which was a dangerous article on the table, and (d) led the victim to the eye of the victim’s visual part; and (d) caused the flab to tear the part of the victim’s visual part to the left inside part of the victim.

As a result, the defendant carried a dangerous glass cup, and caused the victim to suffer from the escape or loss of an internal organization that requires treatment of about 6 weeks or more, and caused the victim to suffer from the injury of an internal organization, such as internal heat and mar, and led the victim to the left-hand eye to the real name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site reports (Attachment of on-site photographs), 112 reported case lists, field photographs;

1. Investigation report (limited to the trends of attaching photographs on the upper part of the victim and whether to issue a medical certificate), victim's photograph;

1. Investigative report (on-site and photographing), on-site, and photographs of the beer and flag of the criminal intent and appearance;

1. Each statement of opinion;

1. A written diagnosis of injury;

1. A report of investigation (as to the rate of solicitation of a crime according to the contents of the victim's currency);

1. Application of Acts and subordinate statutes to report on investigation (to hear victim's telephone statements);

1. Articles 258-2 (2) and 258 (2) 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 62-2 of the Criminal Act of the community service order;

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

2. Extent of the recommended punishment according to the sentencing guidelines (determination of types) (referring to the determination of types of violent crimes). Special Bodily Injury and Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily

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