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(영문) 대구지방법원 2020.05.26 2019고단6272

특수상해등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On January 19, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) at the Daegu District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at a detention center on October 14,

【Criminal Facts】

1. Around 02:00 on September 22, 2019, the Defendant suffered special injury: (a) while drinking alcohol, such as the Defendant’s house located in the second floor located in Daegu Northern-gu, Daegu Northern-gu, as the Defendant C(36 years old); (b) while drinking alcohol, the Defendant she saw the Defendant’s illness, which is a dangerous thing, on the ground that the Defendant was her age and was her head, on the ground that the Defendant did not hear the horses while drinking alcohol and did not her age.

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim during the treatment period.

2. Around 07:40 on September 20, 2019, the Defendant used a special assault: (a) in front of the “E Convenience store” located in Daegu Northern-gu, Daegu Northern District; (b) misleads the Defendant that the Defendant’s daily activity would have come against the victim F (36 years of age); and (c) assaults the victim with tobacco with a dangerous object, which “this spulpe, spule, spule. . . . . . . . . al. . . . . . . .

Summary of Evidence

1. Statement by the defendant in court;

1. A police statement of each police officer against C and F, a criminal investigation report (Attachment of a victim's body and a field photograph: C), a criminal investigation report (C for failure to submit a victim's diagnosis), and a criminal investigation report (or a standing photograph: F);

1. Previous records: Criminal records, investigation reports (report attached to a copy of the judgment), and application of statutes governing the judgment;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 261, and 260 (1) of the Criminal Act (the point of special violence and the choice of imprisonment with prison labor) that apply to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing in accordance with Articles 53 and 55(1)3 (hereinafter referred to as the following circumstances favorable to the accused) of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria; and