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(영문) 창원지방법원 밀양지원 2020.07.21 2020고단18
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, around 02:10 on December 1, 2019, at the “Cju” store located in Syang City B, for the reason that the victim D scam himself/herself, caused the injury to the victim due to a beer disease, which is a dangerous object on the table, one time the head part of the victim's head, and the injury caused the victim to tear the second volume in the number of days of treatment.

Summary of Evidence

1. Statement of the defendant in court and statement of the police about E;

1. Written statements of D;

1. Application of field photographs, damage photographs statutes;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the scope of the recommended punishment according to the sentencing guidelines [the range of punishment [the range of the recommended punishment that is modified according to the sentencing guidelines] from April to one year [the scope of the recommended punishment that is corrected according to the sentencing guidelines] from June to one year (the lowest limit of the applicable punishment under the law, as it is a case where the lowest limit of the range of the sentenced punishment recommended in the sentencing guidelines is inconsistent with the lowest limit of the applicable punishment).

3. Determination of sentence: Sentence 10 months of imprisonment, two years of suspended sentence, taking into account the following circumstances: Defendant’s age, character, conduct, occupation and environment, criminal records, motive, circumstance, method and consequence of the crime, and the circumstances before and after the crime, as well as the conditions of sentencing as shown in the records and arguments of this case, shall be sentenced to the same sentence as the sentence.

D. Unfavorable circumstances: In light of the victim's side and degree of injury, danger of criminal tools, etc., the issue is very heavy and the nature of the crime is not good.

The favorable circumstances are that the crime is not reoffending while reflecting the depth of the crime.

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