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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1566
특수상해
Text

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

However, the enforcement of the above sentence shall be suspended for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 7, 2020, the Defendant: (a) around 05:05, and around 05:05 on the ground that the victim D (son, 66 years of age) was prone, and brought about a dispute, and (b) caused the Defendant’s injury to the victim, such as the c'C' restaurant, which is located in North-gu B, North-gu, North-si, North-si, and the victim caused a ice lease material, which is a dangerous object on theme B, and the victim caused the injury to the victim, such as the price at which approximately 28 days of the victim’s face is taken one time through the examination lease.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report on the occurrence of special violence and violence, related photographs, and a list of reported cases processing;

1. A written diagnosis of injury;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 1] Special Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Special Sentencing Person] - The mitigated elements of punishment: In the area of mitigation [the area of recommendation and the scope of the recommended punishment], 4 months to 1 year [the scope of the corrected punishment according to the sentencing guidelines] 6 months to 1 year [the scope of the recommended punishment as corrected according to the sentencing guidelines] [the minimum of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum of the applicable sentencing range under law] [the grounds of suspension of execution] - The main grounds of suspended sentence - The main grounds of suspended punishment - The main grounds of suspended punishment are carried with dangerous articles: In the event that a person commits a crime by carrying a dangerous article: the general grounds for suspended punishment;

3. In addition to the above sentencing factors, the degree of injury, the criminal history of the defendant's punishment, reflectability, etc. shall be taken into account.

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