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(영문) 대구지방법원 2020.06.09 2019고단6104

특수상해

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:20 on October 22, 2019, the Defendant, as a customer drinking alcoholic beverages on other tables, inflicted an injury on the victim, on the ground that the victim D’s behavior, which is an unsatisfying between the Defendant and the victim, was not in mind, and the victim’s speech was satisfyed that “drawing expenses” from the victim, the Defendant was 500cc bec bec bec bec beck, which is a dangerous object, and the victim’s 14-day treatment was required for approximately 14 days.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to death diagnosis reports and investigation reports (referring to be used by a suspect when he/she assaults the victim);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the crime, and the conditions of various sentencing as shown in the argument of the instant case:

The crime of this case is a case in which the victim's marith is at risk, and the victim's marith is at risk, and the victim's marith is at risk, such as tear, tear, etc., and degree of injury.