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(영문) 대구지방법원 영덕지원 2020.01.08 2019고단168
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 14, 2019, at around 23:40 on August 23:40, 2019, the Defendant told that the victim D (the victim South and the 42 years of age) who is a customer would be opposed to the daily behaviors with the victim. While the victim was sprinked and sprinked, the Defendant dumpeded the victim's spumbbbbbbbbbbbing sp on the floor where the victim was spacked and spacked, the Defendant 5 times knife the victim needs to receive approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Each report on internal investigation:

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines for violent crimes [the category 1] special injury [the person specially punished] - Special injury (the person specially punished] - the element of mitigation: In the event that a minor injury, a victim is fully responsible for the occurrence of a crime or the expansion of damage, the victim is not subject to punishment (including efforts to recover damage), or damage recovery from a considerable part of damage (the area of recommendation and the scope of recommendation] special mitigation area, two months to one year [the scope of recommendation corrected according to the sentencing guidelines] imprisonment for six months [the scope of punishment corrected according to the sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range].

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors as shown in the pleadings of this case, including the circumstances after the commission of the crime, and probation;

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