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(영문) 대구지방법원 2020.02.14 2019고단5188
특수상해
Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is currently in progress of a divorce lawsuit as the victim B (math, 19 years of age) and the marital relationship under law.

On August 18, 2019, at around 01:25, the Defendant knew that the victim had talked with the Defendant’s father E in relation to the child support issue and the Defendant’s female relationship before the Defendant, which is the father of the Defendant. The Defendant: (a) took a dangerous object such as concrete brick (16 cm, 10 cm in length) into left hand; (b) took the victim’s hand into account the concrete brick (16 cm in length, 10 cm in length) which is a dangerous object; and (c) took the victim’s hand so far as it is difficult for the victim to cut down, and divided the victim’s head into two parts of the passenger car parked behind it; and (d) harming the victim’s face with concrete brickd in the left hand, harming the victim’s face, harming the victim’s tension in the middle of two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and F;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 following circumstances and conditions:

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