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(영문) 대전지방법원 2020.05.21 2020고단161
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 29, 2019, the Defendant: (a) around 21:30 on December 29, 2019, while drinking alcohol together with her son D (Nam, 34 years of age) in the Daejeon Jung-gu, Daejeon, on the ground that the victim acted without her brucation, and (b) calculated the victim’s head part of the victim’s head by her brucing disease; (c) b) fluing the brucation of her head by her brucing the victim’s head; and (d) b) continuously displayed the victim’s bruction outside the restaurant at the front of the restaurant; and (e) b) the Defendant continued to go back from the restaurant to the front of the restaurant to the victim’s face by drinking and hand.

As a result, the defendant carried dangerous articles with the victim's head of the treatment days, tear, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A photograph, such as a photograph taken on the upper part of the victim at the time of dispatch, a CCTV image photograph, and a CCTV image CD;

1. Application of Acts and subordinate statutes to a report on investigation, a report on internal investigation (CCTV verification), and a report on internal investigation (change of names for crimes);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

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

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence;

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