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(영문) 대구지방법원 안동지원 2019.11.27 2019고단507

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

At around 20:55 on July 26, 2019, the Defendant, without any justifiable reason, she sawd the victim E (the 60-year-old-old-old-si B apartment, and Cdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “D”), who was under the influence of alcohol and brought about the victim’s neck as a part of the number of days for treatment of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reporting on the arrest of a case;

1. 수사보고(CCTV 녹화영상 및 켭쳐사진 첨부)

1. Investigation report (Attachment of a photograph of damaged part of the victim);

1. Application of Acts and subordinate statutes to report internal investigation (victims' damaged parts and photographs of criminal implements);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the first category] special injury (the special person concerned] mitigation element] or considerable damage is recovered (including serious efforts to recover damage): Reduction area] mitigation area, imprisonment for not less than four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] 6 months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for the crime of this case for two years, a group of victims who are important for life in the road, which is a dangerous object, shall be designated as a group of victims.