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(영문) 대구지방법원상주지원 2020.12.23 2020고단306
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

On April 12, 2020, the Defendant: (a) around 18:30, at the “C” restaurant located in Yacheon-gun, Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, the Defendant: (b) caused the victim D (manam, 57 years old); (c) misunderstanding the victim’s head by putting the victim’s head in good condition; and (d) laid the victim in good condition; and (c) breaking out of the parking lot as a driver of the victim, the Defendant collected a stone with a string, which is a dangerous object located in the parking lot, and caused the victim’s right shoulders to undergo approximately 14-day medical treatment.

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police written statements of injury to D, E, and F;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, the suspension of execution under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], imprisonment for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a period of eight months and two years after the suspension of execution attacked a victim with stone, which is a dangerous object;

The brush is a serious act that may cause serious harm to the body of the victim.

Although the defendant has long been punished as an act of violence, the defendant has long been punished as such.

Provided, That the defendant shall be paid five million won, and the victim shall be punished by mutual consent with the victim.

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