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(영문) 대구지방법원 서부지원 2019.10.31 2019고단1520
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On May 27, 2019, at around 23:57, the Defendant, in the middle of the dispute with the victim D (Inn, 45 years of age) who is a tobacco in the C cafeteria located in Daegu-gun B, returned to 1 disease, which is a dangerous object on the table for which he had been on the table, and got off the victim's head through seven occasions, and laid off the victim's head, which is a dangerous object.

Accordingly, the defendant carried dangerous articles with the victim and put up a two main sentence requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of the investigative report (number 2,6);

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”)

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type] the special injury, repeated injury [the first type] special injury (the special person concerned] - the mitigated element: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered, [the scope of the recommended sentence and the scope of the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is based on the statutory applicable sentencing range, as the lowest limit of the applicable sentencing range differs from the applicable sentencing range in law] (the person who is a general form of punishment] - The mitigated element of mitigation: The serious half of the sentence [Consideration of sentence] - The major pride cause of punishment (including the serious effort to recover damage): The general pride cause: any contingent crime, serious reflect, or any criminal record of not less than a suspended sentence.

3. Six months of imprisonment with prison labor for the decision of sentence, two years of suspended sentence, the defendant recognized the crime of this case, and the victim does not want the punishment of the defendant from the investigative agency.

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