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(영문) 대구지방법원 2019.03.19 2018고단5599
특수상해
Text

A defendant shall be punished by imprisonment for six 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 November 2, 2018, the Defendant: (a) around 21:00, at a “D” restaurant operated by the victim C (Inn, 65 years of age) located in the Jung-gu Daegu Metropolitan City, on the ground that the victim said “D” restaurant, the Defendant, on the ground that the victim said “D has finished his/her business,” was the victim on the ground of an empty beer disease, and the beer of the beer’s disease faced with the floor, and caused the beer’s collapse to boom the victim’s left part.

As a result, the Defendant inflicted an injury on the victim, such as an open wound, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of internal investigation reports (in relation to attachment of field photographs), investigation reports (in relation to attachment of standing photographs), and statutes;

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. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of punishment] according to the recommended punishment [the range of punishment [the range of the recommended punishment [the range of the recommended punishment revised according to the sentencing guidelines] from six months to one year (the lowest limit of the applicable punishment according to the law, since the lowest limit of the range of the punishment recommended in the sentencing guidelines is inconsistent with the statutory applicable sentencing guidelines, it shall be based on the law applicable sentencing range] in cases where a person intentionally commits an act of injury resulting from a special injury [the person who has committed an incomplete or intentional act of injury] special injury (including a serious effort to recover damage) or considerable damage (the scope of the recommended area and the recommended punishment].

3. Determination of sentence: Imprisonment with prison labor for six months, probation for two years following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the conditions of various sentencing as shown in the arguments of this case, shall be comprehensively taken into account.

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