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(영문) 창원지방법원 2020.06.09 2020고단797
특수상해
Text

A defendant shall be punished by imprisonment for 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

Around 03:00 on January 22, 2020, the Defendant took part in the conversation of the victim D (the age of 37) on the front of the C restaurant located in the window B at Changwon-si, Changwon-si. On the one hand, the Defendant saw the head from the victim once. On the other hand, the Defendant saw the buckbuck site one time, walking the victim’s buck, walkinging the buck site one time, making the buck, and bucking down the victim’s buck, and putting the buck, which is a dangerous object that the victim gets back to the above restaurant, in his hand, brought the victim’s back to the restaurant.

As a result, the defendant carried dangerous objects and carried them for about two weeks to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List and medical certificate;

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. Sentencing Criteria for suspended execution;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the special injury, repeated injury [the person in special form] special injury [the mitigated elements] special injury (including serious efforts to recover damage], or considerable damage is recovered (the scope of the recommended area and the recommended punishment] special mitigation area, Article 62 (1) of the Criminal Act (the lowest limit of the law is 6 months) from 2 months to 1 year (the highest limit of the recommended area and the recommended punishment area), and Article 62 (1) of the Criminal Act (the first assault was committed and the other party was subject to a disposition that is not authorized to institute a prosecution, and the other party was subject to a disposition that is not authorized to institute a prosecution. It is against the degree of injury, etc.)

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (subject to diagnosis and treatment of alcohol survivals);

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