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(영문) 창원지방법원 통영지원 2020.06.10 2020고단240
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2020, at around 21:20, the Defendant: (a) committed injury to the victim D (the age of 61) who singing in C in the second floor B at Sinnam-si, on one occasion, on one-time basis of beer diseases, which are dangerous goods of the victim’s head back, without any reason under the influence of alcohol; and (b) there was no open two sufferings for treatment for about 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years (40 hours in prison) (40 hours in prison ] In this case, the criminal liability of the defendant is very heavy in that the criminal defendant under the influence of alcohol causes a bodily injury to the victim's head at the price of the victim's head due to the so-called so-called so-called a major illness, and there are no circumstances to consider

A defendant is punished for any identical crime and has already been punished two times.

It is difficult to see that the degree of injury is very serious.

The victim does not want the punishment of the defendant by the restoration of damage and consent.

The defendant's mistake is recognized.

The age, character and conduct of the defendant, and others.

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