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(영문) 대구지방법원 김천지원 2019.08.22 2019고단372
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The defendant is the ship of the victim B (the age of 46)'s workplace.

On March 27, 2019, at around 23:44, the Defendant: D'D', which is in the Gwanak-gu Seoul Special Metropolitan City on March 27, 2019, when the Defendant saw the victim's face at drinking on the ground that the victim's booms with the victim's desire to do so; the Defendant booms the victim's body several times due to the outbreak; booms the victim's body and head in drinking; clocks the victim's body and head part in drinking; d'D', which is a dangerous object in the location; and 30cm in diameter, headed the victim's body and body.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as duplicating the duplicating side of the left part and the closing duplicating bones.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A fireproof report (to be accompanied by field photographs and CCTV video files), photographs, investigation reports (to be accompanied by CCTV photographs and CDs in which the pan-feassing surface is recorded), and photographs to take a course;

1. Application of investigation reports (in cases of attaching photographs, medical records, etc. to the victim's upper spots, medical records, etc.), photographs, and statutes on medical records;

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. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime injury [the first category] special injury [the special person] mitigation element] or considerable partial damage is recovered [the scope of the recommended sentence and the recommended sentence] mitigation area, imprisonment from four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] in the case where the lower limit of the sentencing range recommended in the sentencing guidelines from six months to one year is inconsistent with the lower limit of the applicable sentencing range in law, so the lower limit of the applicable sentencing range is set within the statutory minimum limit.

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