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(영문) 대구지방법원 2020.12.10 2020고단3697

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to a suspended sentence of ten (10) months with prison labor for fraud in the branch court of the Daegu District Court. On November 3, 2016, the Defendant was sentenced to eight (8) months in imprisonment with prison labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. in the branch court of the Daegu District Court, and the said judgment became final and conclusive on April 3, 2017, and the said suspended sentence was terminated on March 27, 2018.

On January 11, 2020, the Defendant: (a) around 21:20, around the main part of “D” operated by the victim C (Nam, 47 years of age) in Daegu Suwon-gu B; (b) brought about a bridge due to working hours; and (c) brought about an injury to the victim, such as a fright part of the bridge, which requires approximately four weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each written confirmation and statement;

1. A written diagnosis of injury;

1. Bodily damaged photo;

1. Criminal history records, inquiry reports, confirmation of repeated crimes, each judgment, confirmation of the effective date of suspended execution, and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are not to be mitigated, and the facts that the defendant committed the instant crime during the period of repeated crime are against his/her own mistake, etc., and other favorable circumstances, such as the defendant’s age, environment, circumstances, means and consequence of the crime, circumstances after the crime, family relations, etc., shall be determined as per the disposition, taking into account all the conditions of sentencing, including the following: