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(영문) 대구지방법원 2020.09.15 2020고단3267
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 June 12, 2020, at around 22:35, the Defendant: (a) stated that “C cafeteria” located in the Daegu Northern-gu, Daegu Northern-gu, in the Defendant’s “C cafeteria,” the Victim D (the 57 years of age) had never met the Defendant’s male Gu; (b) stated that “the victim had met the Defendant’s male Gu,” on the ground that the victim was only the Defendant’s male Gu, the Defendant left the victim’s head with a dangerous object, thereby making it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of three Acts and subordinate statutes, such as report on internal investigation (the attachment of photographs of damage and pictures of fluor's disease);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: 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 [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

The crime of this case is likely to be committed in light of the method of crime, the upper part, the degree of injury, etc., as it is the case where the defendant inflicts an injury on the victim's head at the time of the defendant's head, which is a dangerous object, and the crime of this case is likely to be committed.

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