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(영문) 대구지방법원 2019.09.05 2019고단3442
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 became final and conclusive.

Reasons

Punishment of the crime

On May 20, 2019, the Defendant: (a) around 04:50, on the ground that the Victim D(28 years of age) and the Victim D(28 years of age), while drinking alcohol in Daegu Dong-gu, were in bad condition; (b) the Defendant continued to keep the Victim’s head head debt with his left hand, caused the Victim’s disease, which is a dangerous thing on the table; and (c) intending to prevent the Victim’s head debt by getting the Victim’s head debt on the table on the table, and then, (d) had approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on internal investigation (Attachment of a medical certificate for injury), and a medical certificate for injury;

1. On-site reports (to take CCTV images and attach CD-making photographs at a pan-passing place), closure photographs;

1. Report on internal investigation (Attachment of a victim's standing photograph), application of photographic Acts and subordinate statutes;

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

1. The scope of recommendation according to the sentencing guidelines for sentencing under Article 62 (1) of the Criminal Act (the sentencing guidelines for sentencing) of the suspended sentence shall be the same type of punishment as the order, comprehensively taking into account the following factors: In the event of special injury [Class 1] special injury [including serious efforts to recover damage] mitigation factors: in the area of mitigation [the scope of recommendation area and recommendation range] mitigation range; in April through 1 year [the scope of recommendation range revised according to the sentencing guidelines] sentenced to imprisonment for one year (in case where the lowest limit of the sentencing range recommended by the sentencing guidelines differs from the statutory minimum applicable sentencing range, the minimum limit of the applicable sentencing range shall be set according to the statutory applicable sentencing range), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and behavior, family relations, conditions of sentencing as stated in the records before and after the crime, etc.

- the nature of the offence - the recognition and reflection of the offence, the smooth agreement between the victim and the victim, and there is no record of punishment for the offence.

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