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(영문) 대구지방법원 2019.09.24 2019고합79
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2018, at around 22:10, the Defendant: (a) mistakend the victim C (the 55-year-old-old-old-year-old-old-old-age-age-age-age-age-age-age-age-age-age-of-age-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-age-of-age-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report internal investigation (the No. 2 of the evidence list), investigation report (including the No. 5, 13 of the evidence list, and each accompanying material);

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for one month to seven years; and

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the general injury [Type 1] general injury (special mitigation] and mitigation factors: The mitigated area of punishment (the scope of recommendation area and recommendation range], the mitigated area of punishment, two months to ten months [general person] mitigated factors of punishment: No record of criminal punishment;

3. Determination of sentence: Imprisonment with prison labor for not less than six months (one year of suspended sentence), the crime of this case is not deemed to have inflicted an injury on the defendant, such as cutting the bones of the bones at the time of the victim;

The degree of tangible force is relatively more severe, and the degree of injury such as the victim receiving hospitalized treatment is also not easy.

The defendant is subject to the prosecution's disposition of suspension of indictment once in the case of assault and three-time indictments. The time seems to be serious according to the flow of the crime.

However, the defendant recognized the crime of this case.

In the course of investigation, the defendant and the victim have smoothly agreed to punish the defendant.

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