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(영문) 대구지방법원포항지원 2020.09.23 2020고단843
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 24, 2020, at around 20:05, the Defendant: (a) 20:05 at one singing room operated by the victim C (W, 53 years old); (b) on the ground that the victim refused to receive phone calls, the Defendant she saw the victim’s parts, such as her drinking, on the ground that she refused to receive phone calls; (c) the victim was defective in making 112 reports; (d) the victim her hand spikes the breath of the breath of the victim’s breath of the breath of the breath of the flath of the Defendant and her back of the flath of the flath of the flath of the flath of the flath of the flast of the flag ( approximately 21 cm, approximately 11 cm of the flag of the flag; and (d) the Defendant inflicted the flad f of the f.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. A written diagnosis of injury;

1. On-site visit reports of the violence report case, photographs of the apparatus of the crime, on-site photographs, and copies of the damage, photographs of the important body, closure photographs of the important surface, and internal investigation reports of the detailed statement of 112 reported cases, respectively, and the application of Acts and subordinate statutes of each investigation report

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

1. Article 62 (1) of the Criminal Act;

1. Probation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] of violent crimes: [Type 1] There is no special injury [the scope of the recommended punishment] [the scope of the recommended punishment] [the scope of the recommended punishment], the basic area of imprisonment six months to two years [the scope of the recommended punishment corrected according to the sentencing guidelines]] imprisonment for a year from one year to two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the sentencing range, and it is in accordance with the statutory minimum limit of the sentencing range] [the grounds of suspension of execution]] There is no person [the person who is a general person] [the grounds of suspension of execution]. The main illegal reasons are carrying dangerous things.

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