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(영문) 대구지방법원 2019.10.11 2019고합301
중상해
Text

A defendant shall be punished by imprisonment for one year.

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 July 7, 2019, at around 02:40, the Defendant: (a) went away from the victim C (the age of 39) in front of the Daegu Dong-gu B apartment parking lot; (b) and (c) went away from the view of the victim; (d) went away from the view of the victim; and (e) taken the victim’s face in front of the Daegu-gu B apartment parking lot; and (e) taken the victim’s face and body in front of the victim; (b) taken the victim’s face by leading the victim in front of the victim; and (c) went

As a result, the defendant led the victim to the non-permanent real name of the dynamics permanently due to the alphical wave requiring treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. C police statement;

1. Application of Acts and subordinate statutes to each internal investigation report (including the evidence list Nos. 2, 3, 5, and each accompanying material), each investigation report (including the evidence list Nos. 4, 6, 8, 9, 10, and each accompanying material);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types]. General injury [Type 2] mitigated factors: In the event that victims are fully responsible for the occurrence of or the expansion of damage to a crime, the victim is not subject to the punishment [the scope of the recommended area and the recommended punishment] special mitigation range, three to one year and six months [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to one year to one year and six months (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the court shall set the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment for one year (two years of suspended sentence) with prison labor; the crime of this case results in an injury to the victim, such as by drinking and drinkinging the victim several times, and by doing so, it is impossible to recover the left eye and causing the victim to permanently real name.

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