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(영문) 대전지방법원 2020.10.08 2020고단3097
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:40 on June 2, 2020, the Defendant, while drinking alcohol together with the victim D (Inn, 49 years of age) who was a pet in the Daejeon Seo-gu Ccafeteria, Daejeon, on the ground that it was difficult for the victim to pay the medical expenses of the Defendant’s credit card prior to the time to pay the Defendant’s hospital with the Defendant’s credit card, the Defendant saw the victim as out of the restaurant, boomed the victim with the interest of the dangerous things, boomed the part of the victim at one time as the victim’s interest, boomed the victim’s neck by hand, boomed the victim’s constant lecture, etc. on several occasions, and boomed the victim’s face with the hand floor.

As a result, the defendant assaulted the victim as a dangerous object, and led the victim to a spawn on the left-hand bridge in need of treatment for about two weeks.

Summary of Evidence

1. Application of D’s written statement statement E of the Defendant’s legal statement, internal investigation report (Assault Nos. 3, 13), each photograph (Evidence List No. 3, 13), diagnosis document, CHATR-related statute

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 consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Bodi Bodi Contributor): Insignificant injury [the scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the applicable sentencing range

3. Circumstances unfavorable to the defendant: The defendant shall take care of a victim under the influence of alcohol;

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