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(영문) 대구지방법원 김천지원 2019.03.28 2018고단1220

특수상해

Text

A defendant shall be punished by imprisonment for 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

On November 16, 2018, at around 23:10, the Defendant, at the residence of the victim C (the 49-year-old), in the city B, around 23:10, received a demand from the victim for the payment of wages, and was in the course of a trial with the victim and the victim, the Defendant inflicted two injuries, such as two open wifes, where the victim needs to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation (attaching photographs attached to the site and the body parts of the victim, and a photograph of seized articles);

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] - Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Special Contributors: The scope of the recommended sentence and the range of the recommended punishment): Reduction area; imprisonment for four months to one year [the range of the recommended punishment according to the applicable sentences] 6 months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentences in law; thus the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentences] - The mitigated element of mitigation - The serious half [Grounds of suspension of sentence] - Major pride (including a serious effort for recovery of damage): The reason

3. Determination of sentence: The fact that the defendant has no criminal history of the same kind; the fact that the victim is not subject to the punishment of the defendant; the fact that the victim is against the defendant; and the age, character and conduct, environment, and motive of the crime.