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(영문) 창원지방법원 마산지원 2021.01.12 2020고단1172
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2020, the Defendant used one of the victim C (the remaining, 50 years of age) who was a subordinate employee in front of the Changwon-si, Changwon-si B, Changwon-si, and caused injury to the victim, such as a hand, hand, hand, or other open wound, which requires approximately one week medical treatment of the victim, on the ground that he did not do so, and that he did not do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on investigation (related to the details of search and seizure at the site);

1. Eight copies of the investigation report (Attachment of photographs), eight photographs;

1. A protocol of seizure and a list of seizure;

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

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury [including the scope of the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where 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 thus the applicable sentencing range of the law is applicable).

3. Opinions of prosecutors: One year of imprisonment and two years of suspended execution;

4. The Defendant rendered a sentence, on the ground that the victim was fighting without any brush, suffered a bodily injury that requires approximately one week medical treatment to the victim.

It is not good that a crime is committed using a deadly weapon.

Defendants commit violent crimes.

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