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(영문) 대구지방법원 2020.06.24 2020고단1905
특수상해등
Text

A defendant shall be punished by imprisonment for 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

1. Around 14:50 on March 16, 2020, the Defendant suffered special injury: (a) in D operated by the Victim C (A, 53 years of age) located in Busan City (A, the Defendant issued a warning that the Defendant’s father was her father was frighted; (b) on the ground that the Defendant’s father was her father was frightened, the Defendant her father was frighted; and (c) the Defendant took the Victim, who was a dangerous object at this time, was her seated with the victim; and (d) the Defendant prevented the victim from doing so and caused the victim’s left arms facing the above suspected.

As a result, the Defendant inflicted an injury on the victim, such as a shoulder that requires approximately three weeks of medical treatment and an open wound of the arms.

2. The Defendant damaged 150,00 won of the market price, which is the victim’s possession, by gathering objects, such as chairs, alcohol disease, and alcohol, which were located at the same time and place as described in paragraph (1) on the said grounds.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (as regards attachment of field photographs);

1. Articles 258-2 (1), 257 (1) and 366 of the Criminal Act concerning the crime (the point of special injury) of the relevant Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the maximum sum of the punishments prescribed for a special injury heavier than the punishment) among concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special Bodily Injury Decision) (Special Bodily Injury) Crimes; 02. Special Bodily Injury and Bodily Bodily Injury [Type 1] Special Bodily Injury (Special Bodily Harm) - Reduction element: In cases where considerable damage has been recovered (the area of recommendations and the scope of recommendations); mitigation area;

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