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(영문) 대구지방법원 안동지원 2019.08.12 2019고단99
특수상해등
Text

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

Reasons

Punishment of the crime

At around 02:20 on November 28, 2018, the Defendant, at the “Cju store” located in Ansan-si B around 02:20 on November 28, 2018, brought about a dispute between the victim D (n, 45 years of age) and the victim E (n, 43 years of age) who performed drinking together with the other problem. The victim E (n, n, e) who performed drinking together, took one head of the victim E with an empty disease, which is a dangerous thing for the Defendant, and continued to take part in the victim’s head D.

As a result, the defendant carried dangerous things and inflicted an injury on the victim E by opening a face requiring treatment for about two weeks, and assaulted the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, and D;

1. Each injury diagnosis letter;

1. A report on internal investigation (attaching a field photograph);

1. Application of Acts and subordinate statutes in two copies of photographic images;

1. Article 258-2 (1), Articles 257 (1) and 261 and 260 (1) of the Criminal Act concerning facts constituting an offense, the relevant provision of the Criminal Act, the choice of punishment, and Articles 258-2 (1), 257 (1) of the Criminal Act (the occupation of assault to carry dangerous articles, and the choice

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Special Violence Decision) (Special Violence / [Determination of Punishment] Violence / [Type 6] Cumulative Offense, Special Violence (Special / Special Assault) - mitigated element: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigated, imprisonment with prison labor between February and February 12;

(b) Class 2 crime (Special Bodi Injury Determination) (Special Bodily Injury and Bodi Bodily Injury [Type 1] Special Bodi Injury [Special Bodily Harm] - mitigated element: Where considerable partial damage has been recovered, area of mitigation [the area of recommendation and the scope of recommendations], area of imprisonment with labor for up to 4 months and one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months to not less than one year;

(d) the range of recommendations as modified in accordance with applicable sentences: imprisonment;

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