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(영문) 대구지방법원 2019.10.16 2019고단3267

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2019, the Defendant, at around 20:20 on May 18, 2019, 200: (a) around 20:20, on the ground that the male relationship between the Defendant and the deceased (the age of 44) was doubtful, the Defendant her body was frightened by drinking and burning the body of the victim; (b) 1kg, the head, etc. of the victim was taken several times, and the date of treatment cannot be known to the victim.

Summary of Evidence

1. D’s legal statement of the witness D, consistent with the facts stated in the judgment

1. Written statements of D;

1. Application of Acts and subordinate statutes to report internal investigation (limited to the attachment of photographs, etc. of damaged parts);

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 62-2 of the Criminal Act;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] - Special Injury, Bodily Injury, Bodily Bodily Injury (Special Bodily Inflicting Person] - Special Mitigation (Specially Inflicting Person] - Specific Mitigation (Scope of Recommendation and Recommendation), Special Mitigation Area] Special Mitigation Area, Imprisonment with prison labor for two months to one year [Scope of the recommended sentence as modified according to the sentencing guidelines] 6 months to one year (where the lowest limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, it shall be based on the statutory minimum limit of the applicable sentencing range] - Reduction element of mitigation: serious half of sentence [Consideration of sentence] - Major pride cause of sentence: Minor injury, Disapproval of punishment - General pride: There is no criminal conviction above the period of suspension of execution.

3. Determination of sentence: The defendant who has been sentenced to suspended sentence for six months in prison for a year is suspected of having a male relation with the victim while the defendant was shocked by a extreme choice of his relative, and appears to have committed a serious contingent crime; the defendant is in depth after committing the crime; and the victim was punished for the defendant.