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(영문) 대구지방법원 2021.02.09 2020고단5400
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Records] On July 18, 2019, the Defendant was sentenced to one year of imprisonment due to an injury, etc. by the Daegu District Court, and completed the execution of the sentence on May 13, 2020.

[2] On September 19, 2020, the Defendant: (a) expressed the victim’s bath on the front side of the “C convenience store” located in Daegu-gu, Daegu-gu, Seoul-gu, on the ground that the victim D (the remaining and the age of 24) smoked this tobacco; (b) was drinking to approximately two times the part of the victim’s bath; and (c) the part of the victim’s Belgium, which is dangerous to the land at the bar, was cut over about 15 cm by drinking, was cut over about 15 cm with the part of the victim’s left part and the part of the metal burner, respectively, at one time; and (d) in the process, the victim et al. al. al. was unloaded twice in the Belgium, and caused injury to the victim, such as salt, tension, tension, etc. necessary for the victim’s treatment for about two weeks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. A report on investigation (to hear statements by shots);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report on the previous convictions and confirmation of repeated crimes);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of punishment by law: One year to twenty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment that is corrected according to the sentencing guidelines] of special injury and repeated crime [the category No. 1] and there is no special injury [the scope of the recommended punishment] [the scope of the punishment and the person subject to special sentencing] [the scope of the recommended punishment]] basic area, six months to two years from imprisonment [ the scope of the recommended punishment that is corrected according to the applicable sentencing guidelines], one year to two years from imprisonment (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing

3. The conditions under which the sentence is determined, and the age, occupation, sex, environment, motive and means of the commission of the offence, the circumstances after the commission of the offence, etc.

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