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(영문) 울산지방법원 2020.06.19 2019고단5405
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 9. 19. 09:20경 양산시 강변로 441에 있는 양산지하철역 버스승강장 인근 공터에서, 피해자 B(78세)이 자신을 쳐다본다는 이유로 "야이 씹할 놈아 뭘 쳐다보노"라고 말하며 소지하고 있던 위험한 물건인 쇠지팡이로 피해자의 오른 팔 부위를 찌르고, 계속하여 쇠지팡이를 휘둘러 피해자의 오른쪽 허리 부위를 때린 뒤 손으로 피해자의 멱살을 잡아 흔들었다.

As a result, the Defendant carried dangerous things with the victim, thereby inflicting bodily injury on the right-hand arms in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Photographs at the time of dispatch (scambling tools and parts of damage);

1. A report on internal investigation (Attachment of a copy of the certificate of injury): The application of statutes, including the certificate of injury attached thereto;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (resumed normal conditions favorable to the above defendant);

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the first category] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: Insignificant injury, Non-members of Punishment [the scope of the recommended punishment and the range of the recommended punishment] Special mitigation area], 2 months to 1 year [the scope of the recommended punishment as modified according to the applicable sentencing] 6 months to 1 year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range] [the grounds for suspension of execution of execution of sentence] - There is no person who has a statutory minimum of the applicable sentencing range] [the grounds for suspension of execution of sentence] - The major pride, and

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