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(영문) 대구지방법원포항지원 2020.12.17 2020고단1482

특수상해

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 75 years of age).

On September 14, 2020, at around 18:30, the Defendant, around 18:30, around 18:30, 18: (a) went under the influence of alcohol in a toilet for the Defendant’s residence, and (b) took a bath to the victim in a ward, and (c) the victim took a breath, a dangerous object inside the toilet (a 15.5 cm, 9 cm, 6.5 cm, cm in height, 6.5 cm in height), where the victim’s head is unable to know the number of days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A police statement statement, investigation report (52 pages of investigation records) and investigation report with respect to B; and

1. Application of Acts and subordinate statutes on seizure records;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence shall be made by taking into account the methods and results of the commission of the crime, including the fact that the defendant is against the wrong, that the defendant has agreed with the victim only smoothly, that the defendant is contingent, that there is no force of the same kind of crime and that there is no record of the punishment heavier than that of the imprisonment.