logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2020.10.06 2020고단1056
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 04:30 on June 23, 2020, the Defendant had a dispute with the victim D (the age of 49) who is a dong resident in South-gu, South-gu, Dong-gu, Dong-gu, Dong-gu, B immediately. On the above-mentioned road, the Defendant saw the victim’s right side, such as each item (the length of 116cm, the width of 5cm, the width of 6cm, and the width of 6cm) which is a dangerous object on the floor on the front of the above-mentioned road, with about 14 days the victim’s eye, snow, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on D's statement;

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 punishment shall be determined by taking into account the methods and results of the determination of sentence, the fact that there has been the history of punishing one time of a fine for violent crimes, and the execution of sentence shall be suspended only once, taking into account all the circumstances, including the fact that the defendant is against the wrongness of the defendant, the fact that the defendant has agreed smoothly with the victim, the fact that the defendant is contingent, the fact that the defendant has no history of punishment heavier than the suspended execution

arrow