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(영문) 대구지방법원 영덕지원 2019.10.30 2019고단94
특수상해
Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On July 1, 2019, at around 22:20, the Defendant d (e.g., 42 years old) who fested to the victim D (e.g., the age of 42) who was seated by the c restaurant located in Young-gun B. On July 1, 2019, the Defendant put the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the knive of the victim and the knive of the 10-19% of the physical surface that needs to be treated for about 10 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to D by the police;

1. Each internal investigation report and each investigation report;

1. A dispatch order, emergency medical services log, and a detailed statement to handle 112 reported cases;

1. A written opinion and a medical certificate;

1. Application of each statute on photographs;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

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] used for special injury, repeated crime [the category 1] special injury [the person specially punished] - the aggravated element: serious injury (excluding special serious injury) - motive for criticism (excluding special serious injury types), motive for criticism (excluding the area of recommendation and the scope of recommendation] special aggravation area, one to four years and six months of imprisonment.

3. The Defendant, who was sentenced, recognized all of the instant crimes.

However, the crime of this case was committed by the defendant for the reason that the defendant was dead, and then, the contents of the Kimchi Dok's smell, which was flabed by the victim, are overed into the face and telegraph of the victim, thereby resulting in serious images of the victim. Therefore, the crime of this case is too cruel, and the crime is very serious.

The victim suffered a serious physical and mental pain to the extent that it was difficult to express the instant crime, and approximately KRW 58 million for medical expenses after receiving treatment from the hospital.

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