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(영문) 대구지방법원 2019.08.16 2019고단2244
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On December 30, 2018, around 01:30 on December 30, 2018, the Defendant got the victim’s head as a beer’s disease, which is a dangerous object to hear the victim’s words “Ahn only because Dh was drunk,” while she had talked with the victim’s partner B (the age of 56) who is a company partner in the vicinity of the Hewon Park in Daegu-gu, Daegu-gu.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on face heat requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report (as to the statement of a shot person);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Until now, there is no agreement with the victim in light of the law and content of the crime.

The favorable circumstances are confession and reflective.

There is no previous offense exceeding a fine.

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