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(영문) 창원지방법원 통영지원 2019.07.23 2019고단404
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 21, 2019, the Defendant, at the main point of “C” at the 21:25 Saly held on February 21, 2019, experienced the victim D (here, 45 years of age) who was an employee under the influence of alcohol to “do not sell alcoholic beverages.” The Defendant collected glass residues, which was a dangerous object on the table table of the main station, one time, and inflicted the victim’s head on approximately three weeks of treatment, thereby causing the victim’s injury to the victim, such as an open top room.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs, on-site photographs, and criminal implements of upper parts;

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 - The Defendant also asserts to the effect that he was in a state of mental disorder suffering from drinking alcohol at the time of the instant crime. However, in light of the circumstances indicated in the background of the instant crime and the records, such as the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant had weak ability to discern things or make decisions, and thus, the above assertion is rejected.

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 [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence is accompanied by the background and degree of the violence of this case, and the degree of the injury suffered by the victim is very high.

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