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(영문) 대구지방법원 김천지원 2019.08.21 2019고단242
특수상해
Text

Defendant

A shall be punished by imprisonment for six months and by imprisonment for four months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants visited the D cafeteria located in Kimcheon-si, Kimcheon-si, as their respective customers, with their knowledge at Donge-si.

1. On January 30, 2019, Defendant A left three times the head of the victim’s head, i.e., a dangerous object in the neighborhood ( approximately 16cm, about 15cm in length) on the ground that he/she was unable to know, with the victim B (the age of 48) for reasons that he/she could not know.

Accordingly, the defendant carried dangerous articles and inflicted an injury upon the victim who could not know the number of days of treatment.

2. Defendant B suffered the above assault from the victim A (the age of 42) at the same time and place, and caused the victim’s face 6 times and two parts of the body body, respectively, in which case the victim’s face cannot be identified.

Summary of Evidence

1. Defendants’ legal statement

1. Injury photographs and photographs;

1. Application of Acts and subordinate statutes to a investigative report (only for attachingCCTV image data);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act; the choice of imprisonment

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. 보호관찰 및 사회봉사명령(피고인들) 형법 제62조의2 제1항 양형의 이유 《피고인 A》

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [the scope of the recommended punishment and the range of the recommended punishment] mitigation area, prison labor for four months to one year [the range of the recommended punishment as modified according to the applicable sentencing] 6 months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range) (the statutory applicable sentencing range is in accordance with the statutory minimum limit of the applicable sentencing range] - There are no major pride grounds:

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