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(영문) 대구지방법원 2019.08.21 2019고단1979
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a B-si engineer, and the victim C (year 49) is a D-si engineer.

On March 11, 2019, at around 19:49, the Defendant, at around 19:49, tried to start a taxi again after having taken the victim's face from the cab by hand, having taken the victim's cab back in front of the Defendant's taxi while waiting to board the taxi in front of the subway station No. 4 in the subway station, and waiting to board the taxi.

Accordingly, the victim got up about 5 meters away from the defendant's above taxi, which is a dangerous object to prevent the defendant from driving in front of the taxi, and put the victim down with the kne part of the defendant's knee, and led the victim to the knee part of the defendant's kne part which is shocking about 8-day medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographss by cutting a black stuff image;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Bodi Injury [Special Bodily Inflicting Person] - In the event that an intentional act of injury is committed, a minor injury, the occurrence of a crime or the expansion of damage to a victim, in the event that an intentional act of injury is committed, a minor injury or a victim is reasonably responsible for the occurrence of a crime or the expansion of damage, a decision not to punish [the scope of the recommended area and the recommended punishment] special mitigation area, two to one year [the scope of the recommended punishment corrected according to the sentencing guidelines] by imprisonment with labor for six months to one year [the scope of the recommended punishment corrected according to the sentencing guidelines] is inconsistent with the lower limit of the legally applicable sentences, so the lower limit of the punishment range

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