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(영문) 대구지방법원 서부지원 2019.07.23 2019고단472
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 became final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on January 27, 2019, the Defendant, while drinking alcohol together with the victim D(40 years of age), E, F, etc., was under the influence of alcohol, and was bread into a dispute with the victim on the ground that the victim was making a clelele of plastic candle, which is a dangerous object on the table, two times the head of the victim was cut back, and the victim was injured by two open clele of the victim, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of the Acts and subordinate statutes to medical certificates, damaged photographs, and plastic candle 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. Grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter “Reasons for suspended sentence”)

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type] the special injury, repeated injury [the first type] special injury (the special person concerned] - the mitigated element: In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered, [the scope of the recommended sentence and the scope of the recommended sentence] mitigation area, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is based on the statutory applicable sentencing range, as the lowest limit of the applicable sentencing range differs from the applicable sentencing range in law] (the person who is a general form of punishment] - The mitigated element of mitigation: The serious half of the sentence [Consideration of sentence] - The major pride cause of punishment (including the serious effort to recover damage): The general pride cause: any contingent crime, serious reflect, or any criminal record of not less than a suspended sentence.

3. Determination of sentence: Six months of imprisonment, two years of suspended sentence, the defendant recognized the crime of this case, and the defendant pays hospital treatment expenses to the victim at an investigative agency.

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