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(영문) 창원지방법원 통영지원 2019.05.22 2019고단74
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 02:28 on December 26, 2018, the Defendant: (a) discovered that the Defendant and the victim were talked with the president of the said C points at the Emb, Emb, Emb, Emb, 02:37 on the same day; (b) discovered that the victim talks with the president of the said C points at around the Emb, 02:3-02:37 on the same day; (c) again, the Defendant laid down the victim beyond the floor by making it possible to see the victim’s face, left side of the left side of the Emb, and laid down the victim’s head one time by hand, with the parts of the dangerous object on the side of the Emb, which were located adjacent to the Emb.

As a result, the defendant carried dangerous articles and damaged the reputation of the head part of the treatment days in detail.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Photographs of the crime scene of special injury;

1. Application of Acts and subordinate statutes of the medical treatment certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the choice of criminal facts;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Bodily Inflicting] (Special Bodily Inflicting Person] mitigated elements: In the area of punishment [the scope of the recommended punishment and the range of the recommended punishment] mitigated, four months to one year [the scope of the recommended punishment revised 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 inconsistent with the statutory applicable applicable sentencing guidelines, and therefore the minimum limit of the applicable sentencing range is set according to the law).

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended sentence for two years (unfavorable circumstances). This case is a case involving soil to inflict bodily injury upon the victim when the victim’s head is corrected and its risk and illegality are high;

The defendant is under the same military force (one time of suspended execution and three times of fine).

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