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(영문) 대구지방법원 2019.06.11 2019고단1882
특수폭행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:10 on February 15, 2019, the Defendant, while drinking alcohol at a main station located in Yongcheon-si B, 2019, she laid the head of the Victim C (the age of 18) who flabed next table and flabed a flab, which was a dangerous object on the table, and flabed on the table. As a result, the Defendant flabed the victim C’s head by taking the flab, which was a dangerous object on the table, and caused the victim D (the age of 19) to escape from the face of the victim D (the age of 14) where the flab was sittingd.

Accordingly, the defendant, carrying dangerous things, assaulted the victim C, and at the same time injured the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C and D;

1. Application of Acts and subordinate statutes to report internal investigation (the submission of a written diagnosis of injury to victim D) and investigation report (the submission of a written diagnosis of injury to victim D);

1. Articles 261, 260 (1) (a) and 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable partial damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, and the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law);

2. Determination of sentence: Records of the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including eight months of imprisonment, two years of suspended sentence, and other circumstances below suspended sentence.

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