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(영문) 대구지방법원 포항지원 2019.06.13 2018고단1429
특수폭행
Text

Defendant

The punishment against B shall be set forth as six months.

Defendant

A. The summary of the judgment against Defendant A is not guilty.

Reasons

Punishment of the crime

피고인은 피해자 A(58세)과 사촌 관계로, 피해자가 2018. 4. 10.경 피고인의 어머니인 C의 부탁을 받고 농사일을 도와주었음에도 품삯을 받지 못하자 피해자의 딸인 D이 그 사실을 다른 친척들에게 말하였고, 그 사실을 알게 된 피고인이 불만을 갖게 되었다.

At around 20:00 on April 15, 2018, the Defendant: (a) stated in the victim’s house located in Northern-gu, Northern-gu; (b) stated that “I would like to take a strong test of us, grow up, ask the inner me to ask the satch value, and then compensate for the satis,” and used the satisf by drinking the sat; and (c) stated in the facts charged, “I would like to put the satisf in comparison with the satisf in the Defendant’s bath, and I would like to put the satisf when I would like to put the satisf in the Defendant’s bath, which is a dangerous object of the victim’s injury; (c) recognized that the part of the facts charged is not identical to the Defendant’s defense, and recognized that there is no disadvantage in the Defendant’s defense, and thereby, found that there is part of the above facts charged.

The victim's knife at one time made a part of the victim's hand.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as the atomic pelpel, which requires treatment for about six weeks.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each police suspect interrogation protocol against A;

1. Medical certificates, written confirmation of admission and discharge, and medical records;

1. Application of each statute on photographs;

1. Grounds for sentencing under Article 258-2 (1) or 257 (1) of the Criminal Act, which applies mutatis mutandis to applicable provisions of the facts constituting an offense, and Articles 53 and 55 (1) 3 of the Criminal Act, which provide for discretionary mitigation of imprisonment;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The recommended range of punishment according to the sentencing guidelines (decision of types) shall be limited to violent crimes; and the recommended range of punishment (decision of types): No special injury or repeated injury [Article 1] special injury (special person) and the recommended range of punishment;

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