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(영문) 대구지방법원 영덕지원 2019.08.21 2019고단84
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around August 2015, the Defendant became aware of the victim B (n, 49 years of age) and tried to teach the victim from that time.

At around 18:00 on April 2017, the Defendant: D’s “A restaurant,” which was located in Yong-gu Seoul (Seoul) and the victim’s children, brought a dispute with the victim, and the ordinary child victim was not able to properly educate the son. On the other hand, the Defendant brought a serious injury to the victim during the treatment period on one occasion by putting the victim’s head on a dangerous object on the table.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol and the prosecutor's protocol of each police officer's protocol B;

1. Each report on investigation;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: Six months to five years;

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment] the special injury [the category 1] the special injury [the special person concerned] - the mitigation element: In cases of minor injury, non-influor (including serious efforts to recover damage) or considerable damage (the scope of the recommended punishment and the scope of the recommended punishment] the special mitigation area, two months to one year [the range of the recommended punishment corrected by the applicable punishment] the imprisonment with labor for six months and one year (the lowest limit of the sentencing range recommended by the applicable punishment is inconsistent with the statutory minimum limit of the applicable punishment).

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors as shown in the instant pleadings, such as the circumstances after the commission of the crime, and such sentence shall be determined as the order and shall be observed in good faith.

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