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(영문) 대전지방법원 2021.01.21 2020고단4765
특수상해
Text

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

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

Reasons

Punishment of the crime

On June 17, 2020, at around 22:55, the Defendant inflicted an injury on the victim D (47 tax) and Defendant D (47) on the front day of the Daejeon Seo-gu, Daejeon, on the ground that the Defendant and Defendant were able to take a bath without any special reasons, on the ground that the Defendant and the Defendant were able to take a part in his hand, such as a breath, which is a steel product that is a dangerous and dangerous thing, and caused the victim’s breath to the end, the Defendant was in need of a medical treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant (including parts concerning the testimony made by a replacement of the D);

1. An injury diagnosis certificate (D);

1. Application of Acts and subordinate statutes to field photographs, notification to relevant departments reporting the 112 Incident, CCTV-cap photographs and video CDs generation reports (special assault, etc.), investigation reports (to read the CCTV TV image records in water), investigation reports (with respect to the rate of change in special injury crimes), and investigation reports (with respect to the rate of change in special injury

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable partial damage is recovered: Imprisonment with labor for six months to one year (the scope of the recommended punishment corrected according to the sentencing guidelines] (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable sentencing range), and the minimum limit of the applicable sentencing range shall be set according to the law, since the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range);

2. The sentence of sentence is the case where the defendant, who renders a decision on the sentence of sentence, prices the body of the victim in a paint and causes injury to the victim, and the nature of the crime is bad;

The degree of injury suffered by a victim due to the defendant's crime shall not be shorter than that of the victim.

On the other hand, the defendant is also a criminal act of different types.

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