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(영문) 대구지방법원 안동지원 2021.02.18 2020고단609
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a victim B (n, 40 years of age) and a relationship with the victim B.

On July 19, 2020, the defendant does not refuse to hear the sound of the damaged party in the Dong-si C building around 06:55 on July 19, 2020.

In order to clean up and listen to the word "Iman", it refers to "I am in today's mind" to the victim, and whether I am "I am am with the intention of her," and "I am am son's disease, which is a dangerous object ( approximately 16.5 cm in total length, approximately 6.5 cm in blade and approximately 6.5 cm in length of blade) with the hand, which is a dangerous object on the hand and put a scam, which is a dangerous object sealed on the hand and sealed on the hand so that I am sphered with the left arms of the damaged person, and the victim am scam with the shoulderer "I am kn am so."

”라고 말하며 오른손으로 위험한 물건인 깨진 소주병 조각을 쥔 피해자의 왼손을 눌렀다.

Accordingly, the defendant carried dangerous articles and inflicted injury on the victim, such as the heat of the floor of the hand, in which the number of days of treatment can not be known.

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. The application of B’s written statement, report on internal investigation (Attachment of photographs on the part of the victim), investigation report (related to the knife type), investigation report (related to the detailed statement of the case filed in 112), detailed statement of the case filed in 112, investigation report (related to the characteristics of the knife), photograph, investigation report (related to the submission of knife using by the victim), application of statutes;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 [type 1] Special Bodily Injury (including a person subject to special sentencing] Special Bodily Injury (including a serious effort to recover damage) or considerable partial damage (the scope of the recommended punishment and the scope of the recommended punishment) shall be mitigated area, four months to one year [the applicable sentence] of imprisonment.

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