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(영문) 대구지방법원 2019.02.01 2018고합567

중상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, 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 02:00 on September 9, 2018, the Defendant: (a) inflicted an injury on the victim C (age 35) suffering from an incurable disease on the part of the victim C (age 35)’s house in Yongcheon-si B by drinking on the ground that the victim’s head and face were frightened; and (b) the victim’s head and face were taken by drinking to the victim; and (c) the victim’s head and face were unable to know the treatment period; and (d) the victim suffered from an incurable disease.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Two copies of a medical certificate;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to criminal investigation reports (including attaching photographs of victims, attaching photographs of victim scene of violence and photographs, hearing of suspect telephone statements, hearing of suspect telephone statements, hearing of D telephone statements from 119 first responders, hearing of victim E telephone statements from victim, hearing of victim telephone statements from victim);

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Probation, etc. Act;

1. Scope of applicable sentences under law: One year to ten years; and

2. Reduction elements of punishment (the scope of recommending punishment): From June to June of year, [the scope of recommending punishment] from one year and one year and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is lower than the statutory minimum limit of the applicable sentencing range, and the lower limit is set at the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: One and half years of imprisonment, two years of suspended execution, and 120 hours of a community service order, the victim suffers serious damage under the real name of the right eye due to the defendant's crime;

The victim seems to have become aware of the serious disability as well as a long-term aftermath, and will have a great inconvenience and suffering in social activities and daily life in the future.

Therefore, it is true.