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(영문) 대구지방법원 안동지원 2019.10.02 2019고단261
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On April 10, 2019, around 22:18, the Defendant sent the victim D (year 34)’s unique voice at the front parking lot “Cju store” located in Ansan-si, Dong-si, Dong-si, on the ground that the victim spacededed the Defendant, using it, brought the head of the victim once by using it as a hand, cut the victim’s face, and 10 times by drinking the victim’s face.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (victim's injury parts and field photographs);

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;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the first category] special injury (the special person concerned] mitigation element] or considerable damage is recovered (including serious efforts to recover damage): Reduction area] mitigation area, imprisonment for not less than four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] 6 months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range is set according to the law applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime of this case was committed by the defendant, which was a dangerous article, resulting in bodily injury by getting the head of an important father, among the body of the victim, and is not good in light of the method and risk of appearance, and is punished for the same kind of crime;

However, the defendant recognizes and reflects his mistake.

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