logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2020.06.04 2020고단154
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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 4, 2020, at around 04:05, the Defendant set up a “C” restaurant located in Kimcheon-si, Kimcheon-si B, against the assault of the victim D (Inn, 46 years old), and was the main disease, which is a dangerous object on the table, and was above the right side of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as snow eye and open living room in the eye that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. The application of Acts and subordinate statutes to a report on internal investigation (referring to photographs of a suspected victim D), internal investigation report (referring to photographs of CCTV images that assault persons suspected of being exposed to 1 or 2) and investigation report (limited to medical statements submitted by D);

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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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 defendant's age, character and conduct, environment, motive, means, and consequence of the crime in this case where the defendant's face was expressed by his appearance, and the defendant committed the crime in this case; the defendant has a record of criminal punishment several times as violent crimes: Provided, That there is no record of punishment exceeding the fine; the victim's wife against the defendant; the defendant's age, character and conduct, environment, motive, means and consequence of the crime.

arrow