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(영문) 대구지방법원 포항지원 2018.11.01 2018고단1142
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal record] On January 14, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of 100,000 won for the crime of assault, etc. at the port branch of the Daegu District Court on January 14, 201 and completed the execution of the sentence on January 10, 2017.

[2] The Defendant, at around 11:00 on April 16, 2018, at the residence of the victim C (n, 62 years of age) located in North-gu, North-si, North-si, North-si, and on the ground that the victim’s radio unsatisfys the victim, he/she must die in this up to 10 years.

“The victim’s name, chest, hair, head, etc. was taken several times to see the victim’s 14-day medical treatment, and the victim was injured by two open gates, etc., which require treatment for about 14-day medical treatment, by taking the victim’s head into account one time after putting the victim’s head, which is a dangerous object at the entrance of the said residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each photograph and written diagnosis of injury;

1. Previous convictions: Inquiries about criminal history and investigation reports (verification of the records of the same kind of violence as the suspect and confirmation of danger), and application of statutes;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence], the basic area (six months to two years), the punishment is not suspended (including any effort made to recover damage), or considerable damage is recovered from the basic area (six months to two years), the punishment is not suspended (including any effort made to recover damage), or a victim vulnerable to a crime;

2. A more favorable circumstance exists, such as the fact that a female does not want the punishment of the defendant in consultation with the victim of the decision of sentence, the fact that the female appears to have a wrong attitude and an attitude against the defendant.

However, for reasons that it is difficult to understand, it is extremely poor to commit the crime in light of the form of the crime in this case and its danger, and eight times only with sentence.

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