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(영문) 대구지방법원 서부지원 2020.06.25 2020고단250
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Defendant

A is the first place in the construction site for the extension of a restaurant at C High School in Gyeong-gun B, Seongbuk-gun, and the victim D(48) is the head of E working group belonging to E, a contractor at the construction site.

The Defendant, at around 07:00 on November 8, 2019, suffered a dispute with the victim due to electric light, etc. inside the construction site, and caused the victim’s injury, such as catum, tension, tension, etc., which is a dangerous object (115 cm in length) after the victim was satisfed by satisfing his/her desire, satisfing his/her bat, satching his/her batf, and satisfe his/her back part of the dangerous object (15 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes to field photographs, damaged photographs, photographs of criminal tools, and diagnostic reports;

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. Article 62(1) of the Criminal Act (hereinafter “Reasons for the suspended sentence”)

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

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the scope of the recommended sentence [the range of punishment] according to the sentencing guidelines - Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Special Contributors): In cases of minor injury, failure to punish (including serious efforts to recover damage) or considerable damage [the scope of the recommended sentence and the scope of the recommended sentence] special mitigation area, 2 months to 1 years [the range of the recommended sentence corrected according to the applicable sentences] 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentences in law, so the person who is a general person] - The mitigated element: the serious reflect [the grounds for suspension of execution] - Major pride : to recover the minor injury and damage from the sources

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