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(영문) 대구지방법원 2020.12.09 2020고단4668
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 22:50 on July 28, 2020, the Defendant collected soft (5cm in height, 5.5cm in height, 5cm in floor diameter), which is a dangerous object on the instant table that the victim had come out of the place, while having a dispute with the victim D (ma, 42 years of age) at around 22:50 on July 28, 2020, the Defendant laid down a part of the victim’s back from around 2 weeks to around 5cm in the above so-called so-called so-called “C”, and caused the victim to suffer approximately two weeks of treatment.

Summary of Evidence

1. A protocol concerning the examination of suspect concerning D's legal statement of the defendant;

1. Statement of the police statement of E;

1. A photograph of parts of the victim's body;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. 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 the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury (the special person concerned] - the mitigated element: Minor injury [the scope of the recommended area and the recommended punishment] mitigation area, prison labor for four months to one year [the scope of the recommended punishment as modified according to the applicable sentencing guidelines]] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, and thus the minimum limit of the sentencing range is inconsistent with the statutory applicable applicable sentencing range, it shall be based on the statutory applicable applicable sentencing range] - The mitigated element - The serious half [the grounds for suspension of sentence] - Where the major pride is minor injury, the attitude of the crime is minor: any contingent crime, serious reflect, the considerable amount of deposit;

3. Determination of sentence: Determination of sentence: Imprisonment with prison labor for eight months and two years after the suspension of the execution of the sentence, as it prices the head of the victim's head by drinking, the liability for the crime is not less severe, and a strict warning is required by the tendency that leads to the potential violent inclinations if the alcohol is withdrawn, but it is a contingent crime committed in the drinking field, and the degree of injury is minor, and the defendant is depth.

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