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(영문) 대구지방법원 상주지원 2021.01.27 2020고단317
특수상해등
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 48 years old) are married couple.

1. Around 02:00 on July 10, 2020, the Defendant: (a) talked about the victim and living expenses in the ward of the Yancheon-gun apartment complex D, Yancheon-gun; (b) based on the free cup, which is a dangerous article, the victim’s right head was spaced and dangerous to the victim; and (c) based on the head of the victim’s right head, about two weeks of treatment, the Defendant suffered damage to the head and other parts that require approximately two weeks of treatment.

Accordingly, the defendant injured the injured person by carrying dangerous objects.

2. On July 31, 2020, at around 23:00 on July 31, 2020, the Defendant: (a) viewed the victim and living expenses in the room of the child as set forth in paragraph (1) D; and (b) made it one time to the victim’s right-hand horse with an empty disease, which is a dangerous object.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes of each copy of diagnosis and treatment certificate in B;

1. Relevant Article of the Criminal Act, Articles 261, 260 (1) (a) of the Criminal Act (a point of special assault and choice of imprisonment), Articles 258-2 (1) and 257 (1) (a point of special injury) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months to not more than seven years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [Type 6] / Special Violence / Special Violence / Special / Special Assault / Special Sentencing / mitigated elements: In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], two months to one year and two months;

B. Special bodily injury [the type No. 1] special injury [the type No. 1] special injury [the person who is subject to special sentencing] of the second crime (specific injury] violent crime (specific injury).

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