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(영문) 제주지방법원 2020.06.12 2020고단540
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 05:00 on December 24, 2019, the Defendant resisted the victim D(33 years of age) who is an employee of the Victim D(33) with respect to the 3rd room of “C” located in B B at Jeju-si on December 24, 2019, and caused the victim’s eyebrow, which is dangerous to the victim’s face, and caused the victim’s injury to the snowbrow and open room around the snow, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement made by the police about D's written statement; and

1. Description of a petition for complaint filed in DNA;

1. Statement of a general diagnosis report on D in preparation of doctor E;

1. Application of each of the visual Acts and subordinate statutes to each photograph;

1. Articles 258-2 (1) and 257 (1) 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. Reasons for sentencing [the range of applicable sentences under law] under Article 62(1) of the Criminal Act (the period of sentencing which has been advantageous to the reasons for sentencing), [the scope of applicable sentences under law] 6 months to 5 years (the case of discretionary mitigation] [the decision of a sentence] - violent crimes, special injury, repeated crime, injury by special injury - Type 1 (special injury ] - mitigated elements: In the case of mitigation factors: non-conformity of punishment [general person] - In the case of mental and physical disability (general person): In the case of mitigation factors: mitigation factors : mitigation range] 6 months to 4 months [the range of recommended punishment] - 1 year [the range of corrected recommended punishment] from 6 months to 1 year (the lowest limit of applicable sentences under law is lower than the minimum limit of applicable sentences under law, so the minimum limit of applicable sentences under law ] - major reasons for suspended sentence - Where a dangerous reason is committed with articles: general positive reasons - social relation - for a period of not less than 2 months, negative reasons for suspended execution.

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