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(영문) 대구지방법원 김천지원 2019.07.03 2019고단231
특수상해
Text

A defendant shall be punished by imprisonment for 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 February 27, 2019, at around 03:08, the Defendant, in front of the Ccafeteria located in Kimcheon-si B, and on the ground that the victim D and his day have been working in the said cafeteria, he was in dispute with the Defendant. On the other hand, the Defendant left the camping net (85 cm in total length) which is a dangerous object at the between the between the two vehicles located in the nearby area, and got out of the part of the victim’s left side bucks.

As a result, the defendant carried a dangerous object with a camping net and brought about a brupted sponse in need of approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the body;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a investigation report (verification of on-site CCTV screen);

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. The main sentence of Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] (the special injury and repeated injury [the person in special form] special injury [the scope of the recommended punishment] - the mitigated element: the mitigated area of minor injury [the scope of the recommended punishment and the recommended punishment], the imprisonment for four months to one year [the scope of the recommended punishment according to the sentencing guidelines] from six months to one year (the minimum limit of the sentenced punishment recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing guidelines, and the minimum limit of the sentenced punishment is in accordance with the statutory applicable applicable sentencing range]] (the grounds for suspension of execution] - Where the major pride is minor injury or the attitude of committing a crime is minor: Where the person commits a crime with dangerous articles: there is no criminal conviction above the suspension of execution.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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