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(영문) 대구지방법원 안동지원 2020.06.03 2019고단951
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:00 on November 2, 2019, the Defendant, at the main point of “C” located in “C” in the permanent residence of 00:0, on the ground that the victim D (18 years of age) was changed, and the head of the victim was fluoral disease, which is a dangerous object of chemicalization, and caused two weeks of thalphism to the victim, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to the inspection report of the occurrence of the case, internal investigation report (on-site situation, etc.), investigation report (Attachment to the CD), investigation report (Attachment to the medical certificate), investigation report (CCTV Video Confirmation Report).

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. Article 62 (1) of the Criminal Act;

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

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 crime of this case committed by the Defendant on the grounds that the Defendant was dead, resulting in the injury of the victim by causing the head of the victim to be the main illness, and that the nature of the crime is not good, is disadvantageous to the Defendant.

However, the fact that the defendant recognized the crime of this case and opposed to it, and the fact that the defendant agreed smoothly with the victim is favorable to the defendant.

Other circumstances, such as the occupation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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