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(영문) 대전지방법원 2020.08.13 2020고단2099
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is aware of the victim B (ma, 50 years of age) and Pyeongtaek Dong-dong.

At around 16:50 on April 26, 2020, the Defendant: (a) while drinking alcohol in front of the “Dart” in Daejeon-gu Daejeon-gu, Daejeon-gu; (b) stated to the effect that “The victim would have borrowed tobacco before smoking, 5,000 won; (c) but the victim would have already repaid the money; (d) the victim would have to pay the money; (d) the victim would have to pay the money; (e) the victim would have paid the money, and (e) the victim would have paid the money, and (e) caused the fraud, which is a dangerous object on his/her face, which was around the victim’s face, led to the victim’s fluench of the number of days of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police testimony statement, damage photograph, and fraud photograph used for committing the crime against B;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. The criminal defendant who renders a sentence of sentence has committed an injury to the victim at a price different from the victim due to fraud, and the quality of the crime is not good.

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