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(영문) 대구지방법원 김천지원 2019.09.10 2019고단679

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

On June 2, 2019, at around 21:51, the Defendant: (a) brought a dispute with the victim D(33 years of age) in front of the “C convenience store” located in the Gumisi B; (b) brought the victim’s head at hand; (c) brought the victim’s head at one time; and (d) brought the victim’s head at one time; (c) brought the victim’s action that the victim, who became aware of being the victim’s disease, took the action that the victim might have taken into account as the victim’s head; and (d) took the victim’s head into account by taking the victim’s head; and (e)

As a result, the defendant carried a shouldered Sowing-Jaker's crash, which is a dangerous object, and carried about about two weeks of medical treatment to the victim, and put up an open wound for the head.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. On-site photographs, photographs of parts of the D's injury, and photographs of a studs' disease;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a certificate of injury of D) and diagnosis reports;

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 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types]. Special injury by special injury and repeated crime [type 1] special injury [special person] mitigated element: In cases where victims are fully responsible for the occurrence of or the expansion of damage to a crime, [the scope of the recommended area and the recommended punishment] mitigated area, imprisonment for four to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] for one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range is in law).

3. In the event that the defendant's decision on the sentence has an oral dispute or dispute, the defendant's head was stamped by the victim's head. The defendant's crime committed considerable risk of causing more damage to the victim, and the risk of causing more damage to the victim was determined.