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(영문) 대구지방법원서부지원 2020.10.21 2020고단2565

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 30, 2020, from around 18:40 to 21:50 on the same day, the Defendant, while drinking alcohol together with a female-friendly job offer D and the victim E (24 years of age) who is the birth of women, at the C cafeteria located in Daegu-gu Seo-gu, Daegu-gu, and the victim E (24 years of age). The Defendant had a dispute with the victim that the victim did not have the mind. On the same day, at around 21:58 on the same day, the Defendant purchased a kackk-kack (kacke length: 10cm) which is a dangerous object at the F gate located in the place near the above cafeteria, around the same day.

On the same day, at around 22:05, the Defendant 22:05, around the H points in Daegu-gu, brought an injury to the Defendant, such as DOS, etc., in which the number of days of treatment cannot be known, on the ground that the Defendant saw the victim as having re-confisced with the victim while she had a conflict of interest with the victim, violated the upper part of the left face of the victim, and violated 10cm the upper part of the left chest, and 40cm the upper part of the left chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, D, and E;

1. Each investigation report (the Nos. 1, 21, 22, and 27 of the evidence list) and each internal investigation report (the No. 8, 10, 11 through 14 of the evidence list);

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of Acts and subordinate statutes of Part V to the notification of a receipt and department related to 112 case reporting;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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 determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element], or where considerable damage has been recovered, the aggravated element: the area of serious injury (excluding the types of special serious injury), the method of cruel crimes [the recommended area and the scope of recommended punishment] increased, one year to three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a year; the defendant purchases a knife at a drinking place with a nearby convenience store at a minor end of time with the victim and then the knife shall be the knife.