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(영문) 대구지방법원 김천지원 2019.03.13 2019고단5

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 and the victim B (the age of 25) are the workplace rent that work at the "D" material team in the old city C.

At around 02:10 on December 15, 2018, the Defendant: (a) committed an injury on the part of “F” in Guro-si, Sinsi, on the ground that the victim and her drinking alcohol act without a brush; (b) took a breath test (110cm in total length) which is a dangerous object in the Defendant’s vehicle, and threatening the victim as he gets at the time, and threaten the victim’s face with drinking and hand, and walking the victim’s bridge over the floor by drinking and hand, and then, (c) took the victim’s side by the autopsy, the Defendant inflicted an injury on the victim, such as the end, bones, bones, bones, etc. of the dyfy that requires four-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the defendant and the police as to B;

1. Some statements in the police statement concerning B;

1. Each injury diagnosis letter;

1. Application of CCTV Acts and subordinate statutes;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of type] the scope of the punishment for special injury and repeated injury [Type 1] There is no special injury [the scope of the recommended sphere and the punishment for special injury] [the scope of the punishment for recommendation] [the area of recommendation and the punishment for special injury] [the scope of the punishment for punishment] basic area, six months to two years [the general person] - The mitigated element - The serious reflect [the grounds for suspension of execution] - Where a person commits a crime by carrying dangerous articles with him/her, it is obvious that the relationship is obvious, serious reflects, or there is no criminal record of suspended sentence

3. The sentence of imprisonment with prison labor for six months (one year of suspended sentence) was carried with the police, but was actually displayed only once.

Among the injuries suffered by the victim, the injury caused by the fingers in need of four weeks' treatment is not caused by the boom, but beyond the strength of fighting.