logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2019.07.11 2019고단6
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2017, the Defendant was sentenced to one year and eight months of imprisonment with prison labor for an injury, etc. at the Daegu District Court, and completed the execution of the sentence at the Daegu Detention Center on July 5, 2018.

【Criminal Facts】

On November 30, 2018, at around 01:30, the Defendant: (a) at the Kimcheon-si, Kimcheon-si B, the victim D (the age of 36) suffered an assault from the past Defendant; (b) the head part of the victim was cut one time by beer disease, which is a dangerous object on his customer; and (c) the victim was placed in an open top of the remaining parts, head, and head in the annual organization that requires approximately seven days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. On-site photographs and a written diagnosis of injury;

1. Previous records of judgment: Criminal history records, investigation reports (suspects' previous records and attachment of judgments), each judgment, and application of Acts and subordinate statutes to investigation reports (verification of confinement records, etc.);

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

1. Article 35 of the Criminal Act among repeated crimes;

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

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

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 (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The criminal defendant who was sentenced to imprisonment with prison labor for a year and August or for a crime of bodily injury in 2017 is sentenced to imprisonment with prison labor for a crime of bodily injury in 2017 or for a crime of bodily injury in 2014 and has been sentenced to imprisonment with prison labor for a year and three months. The criminal of this case is the period of repeated crime resulting from the same crime.

arrow