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(영문) 대구지방법원 영덕지원 2020.04.29 2020고단45
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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

At around 09:00 on February 3, 2020, the Defendant: (a) in the waiting room located in Yong-gun, Young-gun; (b) on the ground that the victim D (E, South and 58 years old) discussed the victim’s complaint about duties, “I am going to the Gun Office, I am going to the Gun Office”; and (c) E, F, in the vicinity of E, and F, in the atmosphere where I am to live in and dispute with the victim, he am to the horse, 10 km-gro, which is a dangerous object outside the above waiting room, and was going to the front door of the victim’s chest and knee; (d) continued to go to go to the waiting room; and (e) continued to put into the waiting room the victim’s left face once by inserting into the said waiting room, etc.; and (e) went to the victim’s left side one time, and (e) let the victim’s left side of the victim’s horse.

Accordingly, the defendant carried dangerous articles and knee knee knee knee knee kne, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on occurrence, each internal investigation report, and each investigation report;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types]. Special Injury, Bodily Injury (Special Contributors) [the category 1] Special Bodily Injury (Special Contributors] - mitigated factors: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered (the scope of the recommended area and the recommended sentence] mitigated area, imprisonment from 4 months to 1 years [the scope of the recommended sentence revised according to the applicable sentencing], the minimum of the sentence range recommended in the sentencing guidelines from 6 months to 1 year is legal.

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