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(영문) 대구지방법원 서부지원 2021.01.14 2020고단2099
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 43 years old) are three-month teachers as workplace volunteer pay.

Around 18:40 on May 3, 2020, the Defendant left the victim’s head one time on the ground that the victimized person was broken the Defendant’s finger while drinking alcohol together with the victim, on the ground that the injured person was broken the Defendant’s finger while drinking alcohol with the victim.

As a result, the defendant carried dangerous objects with the victim, and suffered bodily injury, such as face face, which requires medical treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of replies to requests for cooperation in investigations (request for cooperation in emergency medical services) by on-site and on-site photographs of damaged parts, copies of diagnosis reports, photographs of damaged parts, and diagnosis reports;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., “reasons for sentencing” as follows)

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the type] [the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment changed according to the applicable sentencing guidelines] one year (the person subject to general sentencing according to the statutory minimum limit of the applicable punishment in cases where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the statutory minimum limit of the applicable punishment] - The mitigated element: The serious reflect [the grounds for suspension of execution] - Special Bodily Injury (the person subject to special sentencing] - In cases where the punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered, [the scope of the recommended punishment area and the scope of the recommended punishment], 4 months to 1 year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] 1 year (the person subject to general sentencing according to the statutory minimum of the applicable punishment range] - The main reasons for the mitigation element: the court's failure to punish (including the advanced efforts to recover damage) - General reasons.

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