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(영문) 대구지방법원영덕지원 2020.10.28 2020고단208
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

At around 16:00 on June 30, 2020, the Defendant, at around 16:0, 16:00, she was under the influence of alcohol by the victim C (C, South and 50 years of age) and her face with a Handphone who was in his/her possession with a Handphone on several occasions, and she was under the influence of the Defendant’s face of the Defendant, on two occasions, she was under the influence of the victim’s left eye ( approximately 10cm in her upper length), she was under the influence of the victim on two occasions, and she was under the influence of the victim’s face, and on two occasions, she was under the influence of the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The application of the relevant Acts and subordinate statutes to each investigation report, diagnosis report, pictures, and 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. Scope of the recommended punishment according to the sentencing guidelines [Determination of type] of violent crime: Special injury [Type 1] Special injury (special person in a form of punishment] - Reduction element: Minor injury [the scope of the recommended punishment and the range of the recommended punishment] mitigation range, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing range] imprisonment for six months and one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable sentencing range, and it is in accordance with the statutory applicable sentencing range).

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 indicated in the pleadings of this case, including the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

Unfavorable circumstances: The crime of this case is dangerous to the defendant.

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