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(영문) 대구지방법원 김천지원 2020.01.29 2019고단1345
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is punished by the victim B (the age of 48).

At around 22:40 on September 8, 2019, the Defendant has a conflict of interest with the victim for an economic reason while drinking alcohol with the victim in his/her own residence in the Gumisi apartment D.

In addition, a dangerous object that he was placed on the table was blicker, and the victim's head was flicker, and the victim's head was flicked, and the victim's number of days of treatment could not be identified, and the victim was injured by an open wound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the victim and the place of occurrence, and the body photograph of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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 for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, injury by repeated crime [the person in special form] special injury (the person in special form] - the mitigated element: In minor injury, non-won [the scope of the recommended punishment and the range of the recommended punishment] special mitigation area, imprisonment for two months to one year [the scope of the recommended punishment revised according to the sentencing guidelines]] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the statutory minimum limit of the sentencing guidelines, and thus the minimum of the sentencing range recommended in the sentencing guidelines is different from the statutory minimum limit of the sentencing range] [the grounds for suspension of execution] [the person in general who has a statutory minimum of the sentencing range] [the grounds for suspension of execution of sentence] - The main reason for special pride: In case of committing a crime by carrying dangerous articles: there is no criminal conviction above the suspension of execution

3. Determination of sentence: 6 months of imprisonment, one year of suspended sentence, and one year of suspended sentence, in addition to the sentencing person, the victim’s speech to criticize the defendant in advance is taken into account.

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