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(영문) 대구지방법원 포항지원 2019.07.25 2019고단678
특수상해
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on March 3, 2019, the Defendant: (a) got on and off a son’s vehicle in front of the north-gu B road in the north-gu at port; (b) brought about a dispute over the passage of the victim C (the age of 36); (c) brought the victim’s head at one time after taking off a dangerous object, which was kept in the between the driver’s string of the passenger car; and (d) brought the victim’s face at approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D and E;

1. 112 Reporting case management table;

1. A written diagnosis of injury;

1. Application of each statute on 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;

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 category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The execution of a sentence shall be suspended only once, taking into consideration the fact that the sentence is determined by taking into account the details, methods and results of the crime committed by which the defendant is against the mistake, that the defendant has agreed smoothly with the victim, and that there is no record of crimes committed by violence since 2004; and

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