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(영문) 창원지방법원 거창지원 2019.10.02 2019고단193
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 14, 2019, at around 10:50, the Defendant, at around 10:50, inflicted injury on the victim C (n, 80 years of age), who was in the vicinity of a nearby warehouse, by using stones (26 cm, 14 cm, 5.5 cm in height), which is a dangerous object in the vicinity, without any special reason, around the victim C (n, n, 80 years of age), at one time the head part of the victim was cut back, and at one time the victim’s head part was fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl fl.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report internal investigation and investigation reports (in cases of dispatch to the scene);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. According to the decisions of sentence, the sentence shall be determined as ordered in consideration of the following conditions of sentencing, such as the age, character and conduct, environment, circumstances of the crime, means and results thereof, and the circumstances after the crime.

The circumstances that are disadvantageous: The circumstances that are favorable to the fact that the elderly victim suffered an injury on the cage cage because of the crime of this case: the defendant recognized his mistake and reflects his fault, and the decision-making ability has been somewhat lowered due to the early illness.

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