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(영문) 대구지방법원 안동지원 2020.02.12 2019고단796
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

On October 31, 2019, the Defendant: (a) around 23:55 on permanent residence C restaurant, and (b) on October 31, 2019, on the ground that the victim D(31) who is a workplace partner, was able to follow the victim's face, which is a dangerous object on the table table, and caused damage to the victim's inner part, which requires approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to report internal investigation (in-depth photographs, etc.);

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 to mitigate small amount;

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

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime of this case was committed by beer who is a dangerous object, and thus, the victim’s face, which is an important father to his/her life, was seriously dangerous.

However, the defendant seems to have committed the crime of this case by contingency during a verbal dispute with the victim, that he agreed with the victim immediately before the sentence of the judgment, and that he had the record of criminal punishment before the case.

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