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(영문) 대구지방법원 2020.04.22 2020고단875
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On December 12, 2019, at around 00:01, the Defendant was in dispute with the victim E (the 60-year old) who is the mother's house B and the father's miscarriage of the deceased father (the 60-year old), which is the house of the above residence, and the Defendant was in front of an open wall that requires treatment for about seven days, on the ground that the victim was in dispute with the Defendant, she was in a boomed boom, taken the chest, and boomed, and she was in a booming kitchen, which is a dangerous object in the said residence, (the total length of 21cc, 11cc) and was in the front of the victim's left-hand shoulder and the right-hand part of the victim who was in the inside of the above residence.

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

Summary of Evidence

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 determination of types] the special injury, repeated injury [the first category] special injury (the special person concerned] - The mitigated element] - Where the victim has considerable responsibility for the occurrence of a crime, the victim is not subject to the punishment [the scope of the recommended area and the recommended punishment] special mitigation area, the period of two to one year [the scope of the recommended punishment as corrected by the sentencing guidelines] imprisonment for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the sentencing range, it shall be based on the statutory minimum limit of the sentencing range] - Reduction element of mitigation (the statutory minimum of the sentencing range in cases where the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the sentencing range] - The serious reflect [the grounds for suspension of execution] - The main pride: If the victim is fully responsible for the occurrence of a crime; the amount of punishment is not subject to the general pride;

3. Determination of sentence: The defendant, who is a pro-friendly one, shall be punished by imprisonment for a year of suspension of execution of one year and two times of body of the victim, and thus, the liability for the crime is not less severe. However, the victim's dissatisfactions about the issue of distribution of miscarriage, and the defendant who is a pro-friendly one.

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