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(영문) 창원지방법원 밀양지원 2019.07.18 2019고단218
특수상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the 52 years of age) live together for about one year from the beginning of 2018 to April 25, 2019.

1. On March 16, 2019, the Defendant suffered from special injury: (a) around 21:00, the victim and one person engaged in drinking alcohol together with the victim and one person engaged in driving alcohol; (b) the victim was able to drive away the Defendant from his house and not enter his house for three weeks; and (c) the victim was able to file a complaint against the victim; (d) the victim was able to deem that the victim would drive the toilet; and (e) the victim was able to take a dangerous object from the scene to the back of the victim; and (e) the victim was deprived of the victim’s injury on the days of treatment.

2. Around 01:00 on April 6, 2019, the Defendant: (a) brought an injury to the victim by making soup lids of materials of alkinium, which were brued, when making a brush dispute with the victim in the building E and F, his/her residence; and (b) making soup lids of materials of alkinium, which were brued; and (c) resulting in injury to the victim, such as cerebral alky that had no open brue for two weeks of treatment

Summary of Evidence

1. Defendant's legal statement;

1. The first police statement concerning B;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to lid soup lids made soup by emergency medical services log and aluminium;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury Decision) (Special Bodily Injury) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm): Reduction element: Reduction element of punishment (the recommended area and recommendation range), mitigation range of punishment (the recommendation range and recommendation range), and April to one year;

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