특수상해
A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 22, 2019, the Defendant, at around 04:40, at the OO station located in the first floor B underground of Daegu-gu, Daegu-gu, as a result of the Defendant’s daily operation C and the alcohol value, caused the Defendant to inflict an injury, such as the number of days to be treated by the victim, who is the employee of the above main shop, in accordance with the head of the victim D (V, 56 years old).
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. A report on investigation (the sequence 14 of evidence list);
1. Application of statutes on site photographs;
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. Grounds for sentencing under Article 62 (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: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:
Unfavorable circumstances: In light of the content of crime, the nature of the crime is inferior, and the degree of injury suffered by the victim is not easy.
In spite of the same kind of crime, the crime of this case was committed again.
The favorable circumstances are confession and reflective.
As agreed with the victim, the victim is not punishable for the defendant.