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(영문) 대구지방법원 상주지원 2019.04.30 2018고단360

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On July 28, 2018, the Defendant: (a) around 21:50, while drinking alcoholic beverages together with D(38 years of age) with the victim D (the victim) who was a local pilot at C cafeteria located in B, the Defendant laid the victim d, and dumpeded the victim, and dumpeded the victim. (b) dump, a dangerous object on the table, laid the victim’s face, laid the victim’s face one time, and dumped the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A letter of general diagnosis;

1. Application of Chapter IV Acts and subordinate statutes to victim photographs;

1. Article 258-2 (1) or 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to five years;

2. Extent of the recommended sentence according to the sentencing guidelines [decision of types] of violent crimes; 【Special Injury (Special Bodily Inflicting Person] Special Injury (Special Aggravation) - Aggravation factors: serious injury (excluding the area of recommendation and the scope of recommendations) (excluding the special serious injury types); 1 to 3 years of imprisonment.

3. Determination of sentence: The circumstances favorable to the defendant, such as the fact that the defendant commits an error in the imprisonment of 10 months, the fact that the defendant seems to have prices once by contingency, and the fact that he/she has not committed violence after 201.

However, considering the fact that from the end of the victim's left face face face to the bones of light, 12 cm in length, 1 cm in depth, serious drilling disorder exists on the left face, the damage has not been recovered, and the victim wanted to be punished, it is necessary to sentence the defendant.

In addition, the punishment shall be determined in consideration of the various circumstances that serve as the conditions for sentencing, such as the age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.