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(영문) 대구지방법원 김천지원 2019.04.30 2019고단176

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On February 8, 2019, the Defendant: (a) around 20:10, around Kimcheon-si Broom C’s residence, and (b) had talked with the victim E (the age of 46) while drinking about drinking and drinking, the Defendant was at the head of the victim, who was a dangerous object for the victim to live without a brucation to the high-age line; (b) had the victim’s head due to the second main illness; and (c) had the victim’s head and had approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (the statement of a victim and attachment of a certificate of injury), and written diagnosis of injury;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

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

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

2. Application of the sentencing criteria [Determination of types] applicable to violent crimes: Type 1 (Special Mitigation Measures) (Special Bodily Harm) (Extent of recommendation and recommendation), exemption area (the scope of recommendation area and recommendation range), mitigation area), four months to one year (the scope of corrected recommendation punishment], six months of imprisonment with prison labor, one year from six months to one year (compliance with the lower limit of punishment by law).

3. Determination of sentence: Imprisonment with prison labor for six months (two years of suspended sentence) cannot be deemed that the criminal liability of the defendant is minor in view of the tool used by the defendant at the time of committing the crime or the father of the victim;

However, the circumstances are favorable to the defendant, such as the fact that the defendant all acknowledges and reflects the crime, the fact that the victim does not want the punishment of the defendant, and the fact that the defendant does not have the penalty power exceeding the fine or the same criminal records.

In addition to the above various circumstances, the sentencing guidelines and the defendant's age, environment, character and conduct, background, means and result of the crime, the situation after the crime is committed.