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(영문) 대구지방법원 2019.07.05 2019고단1407
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 February 2, 2019, the Defendant: (a) around 00:35, the victim C (24 years of age) who was the driver of the passenger vehicle that was operated behind the taxi while getting from the taxi at the Daegu Dong-gu, Daegu-gu, Daegu-gu, 2019, had the victim go from the vehicle, and had the victim go from the vehicle, and had the victim go from the vehicle.

The Defendant, while taking a bath for the victim, putting the chair of steel, which is a dangerous object on the face of the victim, and putting the victim into the left shoulder and face, thereby causing bodily injury to the victim for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a photograph by cutting a black stuff image;

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

1. Article 62 (1) of the Criminal Act;

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: there is no urgent problem with the victim.

It is not good that the injury has been inflicted by unloading the iron manufacturer, which is a dangerous object.

Even though three times of fine due to the same kind of violence, the crime of this case was committed again.

shall not be agreed with the victim.

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