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(영문) 대구지방법원 포항지원 2020.01.22 2019고단1160

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

On July 15, 2019, at around 23:00, the Defendant followed the victim’s right hand and this end part, which are dangerous articles on the floor of Mongolian People’s Republic of Mongolian from the victim D (D, 25 years of age)(D, 25 years of age) of the same Mongolian People’s friendly arrest of the North People’s Republic of Mongolian.”

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to report internal investigation (on-site photographs and accompanying body photographs of the victim), internal investigation report (Attachment of photographs of the criminal implements used by the suspected victim), investigation report (case of verifying the degree of relative damage to the doctor of the E hospital), investigation report (Attachment of 119 emergency medical services accompanying the victim D 119 emergency medical services);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. When the judgment becomes final and conclusive after being sentenced to a punishment for the instant crime that does not correspond to the nature of the relevant crime in light of the method of the instant crime, the degree of damage, etc., under the unfavorable circumstances against the victim, the Defendant is a primary offender, and the Defendant, who is Mongolian nationality, is sentenced to a punishment for the instant crime that does not have a statutory penalty, the judgment will be forced to leave the Republic of Korea pursuant to the relevant Acts and subordinate statutes, taking into account the favorable circumstances, such as the Defendant’s age, character and conduct, motive of the relevant crime, and circumstances after the crime, etc., as indicated in the instant pleadings, the sentence as ordered