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(영문) 대구지방법원 안동지원 2020.02.05 2019고단816

특수상해

Text

A defendant shall be punished by imprisonment for 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

The defendant is a victim B (the age of 53) and a related person.

On November 7, 2019, the Defendant: (a) around 22:25 permanent residence from the victim, and (b) he listened to the horses, and (c) the victim’s face was damaged by a shouldered softener disease, which is a dangerous object, by shouldering the flicker’s disease, which is a dangerous object, once the victim’s face was damaged by a knife in the middle of the snow pool in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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: Imprisonment with prison labor for six months and suspended execution for one year; the crime of this case was committed by a shouldered so as to inflict an injury around the victim’s snow; thus, the crime is not good in light of the implements of the crime, the damaged parts, and the defendant has the same kind of criminal records, and there are other unfavorable circumstances.

However, the Defendant appears to have committed the instant crime contingently, and immediately after the instant case, the Defendant voluntarily reported to the police station to assist in the treatment and relief of the victim, 5 million won compensation to the victim, and agreed with the victim, and the same criminal records are punished by a fine.