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(영문) 대구지방법원 2020.07.22 2020고단2469
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 13:25 on April 25, 2020, the Defendant, at the “C” restaurant located in Busan City, on the ground that the victim D(E, South Korea, 71 years old) and the victim expressed a bath, etc. in the conversation with the victim, and caused the victim to walking the victim's mouth, threatening the victim's face by drinking, and threaten the victim's face. On the other hand, the Defendant continued to inflict a loss on the victim who was on the floor on the floor because the victim was a tree in danger of driving away from the victim, while continuing to inflict a loss on the victim's face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A photograph of a CCTV image closure;

1. Application of Acts and subordinate statutes to police investigation reports (influence of an injury diagnosis certificate, etc.);

1. Relevant Article of the Criminal Act and Articles 258-2 and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] (the scope of punishment] of special injury, injury by repeated crime [the person in special form] special injury (the scope of the recommended punishment] - Special mitigation area, special mitigation area, imprisonment for two months to one year [the scope of the recommended punishment as modified according to the sentencing guidelines] 6 months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is different from the minimum of the applicable sentencing range in law, and thus the minimum of the sentence range recommended by the sentencing guidelines does not coincide with the minimum of the applicable sentencing range] - There is no person subject to suspension of execution [the grounds for suspension of execution of sentence] (the person subject to suspension of execution of sentence] (the person subject to suspension of execution of sentence] - The person subject to minor injury, non-prosecution of punishment - the general pride grounds: clear social relation, contingent crimes, no person subject to suspension

3. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for 8 months and the victim shall be sentenced to a minor end of 2 years of suspended sentence, and the victim shall be sentenced to a tree;

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