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(영문) 대구지방법원 김천지원 2021.02.04 2020고단1189
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 30, 2020, the Defendant, at around 15:20 on June 30, 2020, 11189, under the influence of alcohol in Gumi-si B, the Defendant, i.e., a victim D ( South, 56 years of age) with desire to commit himself/herself, and herself with a water-saving hole ( length: 25 cm, diameter: 5 cm) which is a dangerous object in the kitchen where he/she was located.

Accordingly, the defendant carried dangerous articles with the victim about two weeks of medical treatment, resulting in an injury to the cerebral celebs, the two main bodies, and the two main bodies.

On August 11, 2020, the Defendant driven a G car with no driver’s license from around about 500 meters from the old Si E and the front road to the front road of the same city on August 11, 2020.

Summary of Evidence

[200 Highest 1189]

1. Written statements of the defendant in court;

1. Report on the occurrence of a case subject to special injury, report on investigation (related to attachment of a medical certificate submitted by the victim D) [20 order 1471] The application of the law to the ledger of driver's licenses for motor vehicles with images of CCTV for crime prevention, reporting on the occurrence of a traffic accident by a defendant's legal statement, photographs at the scene of each accident, actual condition investigation,

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a non-licensed driving point, a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for six months to five years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Determination of Type) / Special Bodily Injury [Type 1] / Special Bodily Injury (Special Sentencing Person / Special Sentencing Person : In cases where punishment is not imposed (including serious efforts to recover damage) or considerable partial damage has been recovered (the territory of recommendations and the scope of recommendations) mitigated area; April - one year;

(b) 2 offences (unestablished offenses).

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