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(영문) 대구지방법원 김천지원 2020.06.11 2020고단212
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On January 28, 2020, at around 03:10 on January 28, 2020, the Defendant, within the C cafeteria located in Kimcheon-si B, and the victim D (year 48) who is flicker to her own, was flicked once the head of the victim was flickly, and was flickly committed a flick fraud, which is a dangerous object.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as the number of days of treatment, and the heat.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes on internal investigation reports (victim’s standing photographs), internal investigation reports (CCTV’s closure on the top of the top of the term and influort CDs);

1. Articles 258-2 and 257 (1) of the Criminal Act applicable to 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 on probation and 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 fact that the Defendant, who was sentenced to the sentence, was sentenced to imprisonment with prison labor for violent crimes in 94 and 91 and was sentenced to a fine for an injury in 2012, etc. In light of the form of the instant crime, the nature of the crime is very poor: Provided, That the penal power of the said imprisonment has not yet been less than 20 years, the victim is the preference against the Defendant; the Defendant’s age, character and behavior, environment, and motive for the instant crime; and the Defendant’s age, character and behavior, the environment, and the motive for the instant crime.

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