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(영문) 대구지방법원 상주지원 2021.01.27 2020고단326
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 47 years old) were in a divorce lawsuit.

1. On June 4, 2018, the Defendant committed the crime on June 4, 2018: (a) from around 19:00 to around 20:00, to around 20:00, under subparagraph (D), “D” E, which is the residence of the Defendant and the victim, at the time of residence of the Defendant and the victim; and (b) on the ground that the victim was not present at the Defendant’s large-scale specifications, he collected the victim who is a dangerous object inside the facility, and caused the victim to gather the victim who was living in the facility, and where the date of treatment cannot be identified, he she laid the slided wall with the victim’s clothes.

2. The Defendant committed the crime of March 2, 2020, around 19:00 on March 2, 2020, at the place indicated in paragraph 1, around 19:00, the Defendant got off KRW 200,000,00 for the victim’s automobile insurance policy. However, the victim did not pay money, and the victim did not pay money, causing injury, such as the escape of the victim’s body requiring treatment for about three months, in line with the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statements written by the police with respect to B and F, diagnosis certificates, medical examination and treatment certificates, false photographs of medical examination and treatment certificates, and photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than six months to not more than seven years and six months;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury in Decision 2) / [Type 1] Special Bodily Injury and Repeated / Special Bodily Injury (Special Sentencing Person / Special Sentencing Person / Specific Sentencing) mitigated element: Non-exclusive area of punishment [the territory of recommendation and the scope of recommended punishment] mitigated area, four months to one year;

B. Class 2 Crimes (Special Bodily Injury in Decision 1) [Determinations] Violence Crimes, 02. Special Bodily Injury and Cumulative Assault.

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