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(영문) 대구지방법원 서부지원 2019.07.23 2019고단572
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 14:10 on February 18, 2019, the Defendant: (a) committed a dispute with other customers demanding the use of alcohol while smoking in the Cda room located in Seogugu, Seo-gu; (b) and (c) the victim D, an employee of the Defendant, was slicker, who was a dangerous object on the horse table; and (d) once the victim’s head was 14 days of treatment, the Defendant inflicted an injury on the victim, i.e., the victim’s head part, which was a dangerous object on the horse table, and (e) the victim suffered an injury, i.e., the right side part, the right side part, the treatment of which is necessary.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;

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 (hereinafter “Reasons for suspended sentence”)

1. Scope of punishment by law: One to ten years of imprisonment;

2. 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 concerned] - the mitigated element: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered, [ the scope of the recommended sentence and the scope of the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] one year (the minimum of the sentencing range recommended by the sentencing guidelines is different from the minimum of the applicable sentencing range in law, and the minimum of the applicable sentencing range is different from the minimum of the applicable sentencing range in law)] - The mitigated element: The serious reflect [the reasons for suspension of execution] - The main pride reason for mitigation (including the serious effort to recover damage): The general pride reason: the occurrence of contingent crimes, the absence of serious reflects, the suspension of execution, and the defendant's health is very poor;

3. Determination of sentence: 6 months of imprisonment, 2 years of suspended execution, the defendant recognized the crime of this case at the investigative agency.

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