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(영문) 대구지방법원 2021.02.09 2020고단3341

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 19, 2012, at around 22:50, the Defendant, at the residence of the Defendant in Daegu Northern-gu, Daegu Northern-gu, the victim C ( South and 43 years old) and drinking alcohol, were in a snife while drinking, and returned to the victim, which is dangerous object for the reason that the Defendant did not comply with the request, and the part of the victim’s left chest part of the victim’s chest was snife with which the date of treatment cannot be known to the victim.

Summary of Evidence

1. A report on the dispatch of a criminal defendant to the scene of the case of violence, etc.;

1. Application of investigation reports (Attachment to places where emergency medical services are conducted in the fire department in Daegu North Korea, requests for cooperation in investigation (request for copies of medical records), investigation reports (applicable to confirmation of victims being treated in the emergency department in the D Hospital);

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 to mitigate small amount;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [ the scope of the recommended punishment corrected according to the applicable sentencing guidelines] imprisonment for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The defendant who has rendered a ruling of sentence, by carrying a dangerous article, inflicts an injury on the victim, and the criminal liability shall not be minor;

However, the fact that the defendant seems to have committed a crime by contingency while under the influence of alcohol, the degree of injury of the victim is relatively not severe, the victim did not want the punishment of the defendant, and the defendant has no record of criminal punishment exceeding the fine.