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(영문) 대구지방법원 2020.05.19 2020고단607
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On September 25, 2019, at around 00:40 on September 25, 2019, the Defendant: (a) directed the Defendant that “A victim E (the aged 52) was working for the Defendant, in relation to the Defendant’s remarks against D located in the Gandong-gun, Gandong-gun; (b) directed the Defendant that “I will not see the Defendant’s horse so that you will flick? If you talk with it, you will not see it?”; (c) he collected the Defendant’s glick, which was placed on the Defendant’s table, towards the victim’s left bridge, and then cut off the victim’s head one time in line with the beer’s hand, which was dangerous at the beer seat located in the above restaurant, and then, (d) opened the victim’s head and opened the victim’s head for about 2 weeks and the victim’s head for about 2 hours of treatment.

Accordingly, the defendant used dangerous objects to inflict bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of F and E;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (field photographs, etc.), photographs, investigation reports (Attachment to medical certificates submitted by E-suspects), and diagnostic certificates;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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 [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The following sentence shall be rendered:

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