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(영문) 대구지방법원 김천지원 2020.01.07 2019고단831
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant and the victim B are married couple.

around 23:50 on May 28, 2017, the Defendant is located in Kimcheon-si C, and the Defendant’s “D” 1 room, and the Victim needs to leave.

For the reasons of locating in the room and scam, “I am, I am, I am am, I am am, I am am am, I am am scam, I am am scam, I am scam, which is a dangerous object on the table, continuously am scam( approximately 27 cm in length, about 5 cm in diameter, and about 330 ml in size). I am scam of the victim once.

As a result, the defendant carried dangerous things and damaged the victim's saves that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes, such as a medical certificate of injury, investigation report (to attach a copy of the medical record of the victim, to attach a photograph at the scene of the crime, to photograph of the beer used for committing the crime), copy of medical record,

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 months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], imprisonment for six months from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the law).

3. On the ground that the defendant's decision of sentence is based on the defendant's spouse's drinking together with a female in singing, the criminal liability shall be less against the defendant's spouse in light of the content of assault and assault committed by a beer's spouse by shouldering the beer's disease and frighting the head of the spouse.

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