beta
(영문) 대구지방법원 김천지원 2019.11.27 2019고단987

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

피고인은 2019. 7. 31. 01:15경 김천시 B에 있는 C매장에서, 지인과 다투는 것을 피해자 D(46세)이 말렸다는 이유로 다투던 중 머리로 피해자의 얼굴을 1회 박고, 주먹으로 얼굴을 수회 때렸으며, 왼발로 피해자의 몸통 부위를 1회 찼다.

The Defendant continued to enter the above store with the victim, tending beer disease, which is a dangerous object located on the floor, and brought the head part of the victim who was seated at the same time.

As a result, the Defendant carried dangerous articles and inflicted injury on the victim, such as the bones, bones, etc. in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site photographs;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to report internal investigation (the confirmation of 119 emergency medical services performed);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for probation and order to provide community service or attend lectures;

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] the special injury, repeated crime injury [the first category] special injury [the special person] - the mitigated element: the mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated range of imprisonment [ the range of the recommended punishment changed according to the sentencing guidelines], six months to one year [the minimum of the sentenced punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum of the sentenced punishment, and thus the minimum of the sentenced punishment is inconsistent with the applicable sentencing guidelines, the statutory minimum of the sentenced punishment] - the aggravated element of the same criminal conviction (the period of suspension of execution is less than 10 years after the completion of the execution) which is not a repeated offense (the grounds for suspension of execution) [the grounds for suspension of execution] - Major pride: If a person commits a crime by carrying dangerous articles, the person before the previous conviction (the suspension of execution within five years).