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(영문) 대구지방법원 안동지원 2020.06.30 2019고단98
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 28, 2018, at around 11:50 on November 28, 2018, the Defendant sent the victim's face to the victim C (the age of 48) who is the same prisoner in a permanent correctional institution B located in 130-h, 2-h, 130, and D on the ground that the victim does not have a boomed bed boom (a 78.5 cm, 60 cm, 1.5 cm thick, 1.5 cm thick). The Defendant sent the victim's face to the victim's face in drinking.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as the deprivation of 2 weeks of non-affort.

Summary of Evidence

1. Part of the defendant's statement in court (the part which the defendant deemed that he was at the time when she was boomed with wooden boom, and was frightened by drinking);

1. Each legal statement of the witness C and D (the victim C is consistently and specifically stated by the investigative agency to the extent of the injury inflicted on the defendant from the defendant to this court, and D, which has been in the same place, also corresponded to this, and there is no circumstance to suspect that the above statements are false, and its credibility is recognized)

1. A report on investigation (a photograph of criminal implements) and a photograph of the victim;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors shall be repeatedly taken into consideration for the defendant during the period of suspended sentence);

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. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. The decision of sentence shall be taken by the Defendant as a whole.

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