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(영문) 대구지방법원 서부지원 2020.06.23 2019고단3623
특수상해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 21, 2019, at around 00:30, the Defendant, at “C” located in the Daegu Western-gu B, Daegu-gu, Daegu-gu, 2019, had a victim D (n, 32 years of age) and drinking alcohol, and had a beer’s disease, which was a dangerous object on the table, was on the part of the victim, who was in need of approximately four weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding D (including attached diagnosis documents);

1. Application of Acts and subordinate statutes of the report of internal investigation (number 2), investigation report (number 5) and investigation report (number 5);

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”)

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of type] - Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Special Bodi Contributors): In cases where punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment for four to one year [the scope of the recommended sentence corrected according to the applicable sentence] 1 year (the minimum of the sentencing range recommended by the sentencing guidelines is different from the minimum of the applicable sentencing range in law, and the minimum of the applicable sentencing range recommended by the sentencing guidelines is different from the minimum of the applicable sentencing range in law] - The mitigated factor: The serious reflect · the applicable sentencing range [The reason for suspension of execution] - The general pride (including the reason for recovery of damage): The general pride: social relation, any contingent crime, any serious crime, any previous conviction, and any more than relief.

3. Determination of sentence: 6 months of imprisonment, 2 years of suspended sentence, the defendant recognized the crime of this case, and the defendant committed the crime of this case in a contingent manner by drinking the victim.

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