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(영문) 대구지방법원 김천지원 2019.06.12 2019고단255
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 18:00 on January 12, 2018, the Defendant: (a) brought a dispute with the victim C (year 51) who is one’s own club in the third floor of the building B in Geumcheon-gu Seoul Special Metropolitan City; (b) broken the fluor’s disease in the room into the floor; and (c) inflicted an injury on the victim’s left hand with the fluor’s disease in the condition that the fluor’s disease, which is a dangerous object, brought about by the fluor’s disease in the state that the fluor’s disease was broken; and (d) caused the victim to inflict an injury on the left part of the fluor’s disease in the left part in need

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Deficial photo of an injury;

1. Application of Acts and subordinate statutes of a medical certificate;

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 main sentence of Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act on probation and order to attend a course;

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 special injury, repeated injury [the person in special form] the special injury [the scope of the recommendation field and the recommendation form] - the mitigation element: the mitigation area of punishment [the scope of the recommendation form and the recommendation form], the imprisonment for four months to one year [the scope of the recommendation form revised according to the sentencing guidelines]] for six months to one year (the minimum limit of the punishment range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the punishment range, and the general person shall be in accordance with the statutory minimum limit of the punishment range] [the grounds for suspension of execution] - The major pride reasons for suspension of execution - Where a person commits a crime by carrying dangerous articles: A person who has been sentenced to suspension of execution at least twice;

3. Determination of sentence: In addition to the sentencing of 8 months of imprisonment and 1 year of suspended sentence, the following factors shall be taken into account: The defendant and the victim have long been known to the long time, the victim has paid an amount equivalent to the medical expenses, including the medical expenses, and the victim has no previous conviction in addition to the fine imposed by violence for about 30 years.

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