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(영문) 대구지방법원포항지원 2020.09.10 2020고단691
특수상해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 01:00 on April 5, 2020, the Defendant inflicted an injury on the victim D (the age of 24) who worked together at the "Cjuk" located in Nam-gu, Nam-gu, Seoul, on the ground that the victim D (the age of 24) expressed his/her desire to do so to himself/herself, such as the "Cjuk", and the victim's face, as the balance of the material of glass, which is a dangerous object, the victim's face, and caused the victim's bodily injury, such as an open terminal, which requires approximately 21 days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (24 pages, 26 pages);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 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 recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. The execution of a sentence shall be suspended on the condition that the community service order is added at once, taking into account all the circumstances, including the following: (a) the details and methods of the crime of sentencing, and the consequences thereof; (b) the sentence shall be determined by taking into account the fact that the victim was not able to obtain a letter from the victim and was not recovered from damage; and (c) the accused reflects the wrongness of the crime; (d)

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