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(영문) 대구지방법원포항지원 2020.08.13 2020고단720
특수상해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 8, 2020, the Defendant: (a) around 23:25, 2020, at the main point located in the Northern-gu B at the port, and (b) around 23:25, the Defendant: (c) had a dispute between the victim and the horse victim with the latter; (d) had the victim’s sexual intercourse with the latter; (e) had the victim’s sexual intercourse with the latter; (e) had the victim’s sexual intercourse with the latter; (e) had the victim’s sexual intercourse with the latter; (e) had the victim’s sexual intercourse with the latter; and (e) had the two-time open common steps requiring approximately 2 weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A medical certificate;

1. Application of each statute on photographs;

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. 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. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The punishment shall be determined in consideration of the methods and results of the determination of sentence, the period of suspension of execution once for violent crimes, and the records of punishment once for fines, and the execution of punishment shall be suspended only once, taking into account all the circumstances, including the fact that the accused reflects mistake, that the accused has agreed smoothly with the victim, that the accused is contingent crimes, that there is no past record of punishment heavier than imprisonment for the accused, and that there is no history of punishment heavier than imprisonment for the accused;

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