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(영문) 대구지방법원 상주지원 2020.04.29 2019고단391
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:40 on August 9, 2019, the Defendant, within the “C” office located in C” office in a permanent residence perioding around 15:40, and on the ground that the victim D took an examination of his personal effects under the above Section, the Defendant inflicted an injury on the victim, such as the “shicked Epiced Epics”, which requires approximately two weeks of treatment on the part of the victim, by taking the victim’s shoulder as his hand, and continuously taking the part of the victim’s face.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report (a CCTV photograph installed in the C office and CD attachment);

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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Six months to five years;

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

3. Determination of sentence: Imprisonment with prison labor for a period of eight months, and the act of assaulting the victim as a person who is a dangerous object at 160 hours of the community service order and causing bodily injury is very large;

The defendant did not agree with the victim or receive a letter from the victim.

However, the defendant appears to reflect the crime of this case, the defendant has no record of punishment for the same kind of crime since 1992, the injury suffered by the victim requires treatment between about two weeks and it is difficult to see that it is significant, and the age and behavior environment of the defendant.

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