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(영문) 대구지방법원 김천지원 2020.01.21 2019고단1406
특수상해
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 35 is not known to each other).

At around 17:40 on October 24, 2019, the Defendant: (a) was placed on the street in front of the Sinsitopo City Maur, due to the problem of parking of Otobane, and (b) was boomed with the victim’s desire from the victim by hand; (c) was against this, the victim’s face when her face was boomed, boomed, boomed, boomed the boom, which is a dangerous object in his possession, and boomed the disease into the head of the victim, and led the victim to a shouldered softener disease to display him on the face of the victim and to take off the surrounding area of the victim several times.

As a result, the Defendant carried dangerous things and inflicted injury on the victim such as ear's credit cutting for about six weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (Attachment of a photo of the victim, confirmation of the status of the victim), damaged photographs, and diagnosis reports;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

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

2. Extent of the recommended sentence according to the sentencing guidelines [decision of types] of violent crimes; 【Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury (Special Bodi Aggravation] Aggravation (excluding the area of recommendation and the scope of the recommended sentence] aggravation area; 1 to 3 years of imprisonment.

3. That the Defendant’s decision on sentence fully acknowledges and reflects the crimes.

However, considering the fact that the content of the instant assault is considerably not good, the degree of injury suffered by the victim is serious, the Defendant was unable to get used from the victim, and not recovered from damage, and the Defendant has the same kind of violence at several times, the responsibility for such crime is considerably heavy.

In addition to the above various circumstances, the above sentencing guidelines and the defendant's age, character and conduct, criminal records, background of the crime, degree of damage, and after the crime.

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