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(영문) 대구지방법원포항지원 2020.08.12 2020고단639

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 became final and conclusive.

Reasons

Punishment of the crime

On April 26, 2020, at around 21:20, the Defendant: (a) performed drinking together with the victim D (manam and 56 years of age) in the “C Frequency” located in Ulleung-gun B; and (b) went through a dispute with the victim, and (c) carried out a dispute with the victim, the Defendant carried out two columns where approximately two weeks of the victim’s left left side of this part of this part of this part, which is an object dangerous to the Republic of Korea ( approximately 13cm, about 10cm in length, about 10cm in length, about 10cm in length), had the victim undergo approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Statement of opinion;

1. A report on internal investigation (which shall be made with respect to shooting, such as field exit circumstances, site conditions, site photographs, etc.), internal investigation report (which shall be taken with respect to photographing the upper part of the victim's body), internal investigation report (which shall be accompanied by a photo taken at the scene of violence); and

1. Application of Acts and subordinate statutes to criminal records investigation reports;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

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 after discretionary mitigation: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Although the Defendant’s sentence of sentence citing a mong, which is a dangerous thing, and thereby causing injury to the victim, the Defendant led to a confession and misunderstanding that the Defendant led to the instant crime, and the victim and his neighbors do not want the punishment of the Defendant, and the Defendant did not want the punishment of the Defendant.