logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2019.11.27 2019고단260
특수상해
Text

A defendant shall be punished by imprisonment for six 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 age of 56) are siblings.

On July 20, 2019, at around 17:30 on July 20, 2019, the Defendant: (a) taken out the improvement, which is a dangerous object in a room where the Defendant listens to the urine of the victim, his mother, who is well fluent, from the victim’s house located in G, the Defendant 17:30 on the part of the victim’s house in Gyeongnam Development-gun, and she took up approximately 50cm in total length, approximately 20cm in length of day, and No. 1 on the part of the victim, where the victim cannot know the number of days of treatment due to the victim’s side.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made against D and B;

1. Records of seizure and the list of seizure of August 1, 2019;

1. Certificates of medical treatment;

1. Application of the Acts and subordinate statutes to report internal investigation (related to photographing photographs, such as the body and body of the victim);

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;

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

1. Reasons for sentencing under Article 48 (1) 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 [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected 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 different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. According to the decisions of sentence, the sentence shall be determined as ordered in consideration of the following conditions of sentencing, such as the age, character and conduct, environment, circumstances of the crime, means and results thereof, and the circumstances after the crime.

The unfavorable circumstances: The circumstances in which the defendant, who is a dangerous object, has inflicted an injury on the part of this part on the victim: the defendant's mistake is recognized and reflected, and the decision-making ability is somewhat deteriorated due to the tidal disease, etc.

arrow