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(영문) 대구지방법원 2019.10.16 2019고단3873
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 became final and conclusive.

Reasons

Punishment of the crime

On June 10, 2019, at around 15:30, the Defendant 2, around 15:30, while drinking with scams such as victims B(76 years of age) in the front of the “Gyeongsan Postal Handling Bureau,” which was on the way of the 14th century, brought about a dispute with scams (30cm in total length) which is a dangerous thing in his scamba, and damba, brought about 5:6 times the scams of the scams of the scams of the scamba, the scams of the scams, the scams of the scamba, etc. of the scams.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site report by the police (as to the confirmation ofCCTV image);

1. Application of Acts and subordinate statutes of each written diagnosis;

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. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] - Special Injury, Bodily Injury, Bodily Bodily Injury (Special Contributors ] - Special Mitigation (Specially Inflictings ] - Specific Mitigation (Scope of Recommendation and Recommendation) - Special Mitigation Zone / Special Mitigation Zone / Imprisonment 2 months to 1 year [Scope of the recommended sentence as modified according to the sentencing guidelines] 6 months to 1 year (where the minimum of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory minimum sentencing range, based on the statutory minimum sentencing range / Reduction of sentence ] Reduction element - The serious reduction element: The serious half of sentence / Major pride / falls under the grounds for suspension of sentence / Major pride / General pride : Unless there is any contingent crime, serious reflector, no previous conviction above the suspension of execution, the defendant has old age;

3. Determination of sentence: A victim who has committed an contingent crime by interesting in the examination conference held by the victim two years' continuous years' suspension of execution in October of the sentence, and caused minor injury to the victim.

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