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(영문) 대구지방법원서부지원 2020.08.20 2019고단2636
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 18, 2019, around 15:10 on July 15:10, 2019, the Defendant sought a motion to object to impeachment, and the victim E (n, 46 years of age) took a different opinion from the Defendant’s thoughts, and, on the grounds that the victim E (n, n, e) took a dangerous object called “satisfa” (m, about 1m in total length), flick part of the victim’s head, and flick part.

As a result, the defendant carried dangerous articles with the victim and inflicted injury on the victim, such as cerebral celebs which do not have two or more situations in need of open treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of the investigative report (number 1,6);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”)

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment [the range of the recommended punishment and the range of the recommended punishment changed according to the sentencing guidelines] 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is in conflict with the statutory minimum limit of the applicable punishment] - The special injury (the special person in question] - the special injury, the penalty not paid (including serious efforts to recover the damage), or considerable damage (the scope of the recommended punishment): In the event that the minimum limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the minimum limit of the applicable punishment in law, it shall be based on the law minimum limit of the applicable punishment] - The mitigated element: the serious reflect [the grounds for suspension of execution] - The major pride factor: the minor injury, the penalty not paid (including the serious effort to recover the damage): the general pride reason: social relation, any contingent crime clearly, any conviction, any criminal record that has not been executed beyond the suspended sentence.

3. Six months of imprisonment with prison labor and two years of suspended sentence; and

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