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(영문) 대구지방법원 김천지원 2019.10.11 2019고단810
특수상해
Text

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

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor in the Daegu District Court Kimcheon Branch on September 3, 2015, and completed the enforcement of the sentence in the Daegu Prison on June 29, 2016.

The defendant is between the victim D (math, 41 years of age) and the married couple.

On April 25, 2019, at around 22:00, the Defendant stated that the victim’s home located within the building J of the Gu-U.S., “I.D.,” “I.D.,” sees the victim’s speech of drinking, and makes the victim’s head to tear down on several occasions.”

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. A report on emergency measures;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of type] of special injury, repeated injury [Class 1] special injury (special person in a form of punishment] - mitigated elements: In the area of reduction [the scope of recommendation area and recommendation range] mitigation area], imprisonment for four months to one year [the scope of recommendation correction according to the applicable sentencing range] [the scope of punishment corrected according to the applicable sentencing guidelines] 6 months to one year (where the lowest limit of the sentencing range 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] - Major pride grounds: Where a person commits a crime by carrying dangerous articles with him/her, the same kind of crime (the period of suspension of execution of execution of execution of execution of execution of execution of execution within five years or of a fine of at least three times) - General pride grounds: all contingent crimes; general misconduct grounds;

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