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(영문) 대구지방법원 김천지원 2019.06.11 2019고단314

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On March 14, 2019, at around 09:00, the Defendant, at the residence of the Defendant on the third floor of the “C Dogwon” building in Kimcheon-si, a third floor of the building, such as the victim D (the age of 43). While drinking alcohol, the Defendant, under the influence of alcohol, laid down two fingers and part of the fingers of the victim, which are the dangerous objects, without a clear reason.

As a result, the defendant suffered injury to the victim by a shoulder beer disease, which is a dangerous object, such as the heat of a mersh hand that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (including attachment, etc. of photographs on the scene of occurrence, failure to submit a medical certificate and investigation by the doctor in charge);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

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

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

2. Application of the sentencing criteria [Determination of types] applicable to violent crimes: Type 1 (Special Mitigation Measures) (Special Bodily Harm) (Extent of recommendation and recommendation), exemption area (the scope of recommendation area and recommendation range), mitigation area), four months to one year (the scope of corrected recommendation punishment], six months of imprisonment with prison labor, one year from six months to one year (compliance with the lower limit of punishment by law).

3. Determination of sentence: In light of the circumstances in which a defendant committed a crime in addition to the implements used at the time of the crime, etc., it is difficult to deem that the criminal liability of the defendant is light;

However, the circumstances are favorable to the defendant, such as the fact that the defendant all acknowledges and reflects the crime, the fact that the victim does not want the punishment of the defendant, and that there is no penalty power exceeding the fine of the defendant.

Further to the above various circumstances.