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(영문) 대구지방법원 2020.05.14 2020고단541
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On January 3, 2020, at around 23:45, the Defendant heard the horses that “the Defendant applied for housing benefits” from the victim while drinking alcohol with the victim C (the 54 years old), who was known to and was in common, while drinking alcohol with the Defendant’s residence located in Daegu-gu, Daegu-gu, as well as the victim C (the 54 years old), and became the victim of the crypt on the ground that the victim’s crypted against her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s

As a result, the defendant carried dangerous things and carried them with the victim's self-harm, such as an incurable body, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (in cases of attaching three copies of photographs of damaged parts, such as site conditions, etc.) and report on internal investigation (in cases of confirming the state of the injured party's standing);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report an investigation (related to the former verification);

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence - The time of committing a crime;

The victim does not want to be punished by mutual consent, but want to take the action against the defendant.

The health is not good.

- The method of crime is dangerous.

The same type of punishment has been recorded in several times.

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