logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2020.03.19 2020고단33
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 21:00 on December 2, 2019, the Defendant loaned money to the victim D (34 years of age) who was a late-time employee who performed alcohol at the port, and the Defendant refused to do so from the victim, and the Defendant made the victim's refusal to do so. The Defendant inflicted injury on the victim, such as the victim's head part of the victim's left head, the head part of the victim's head, the head, side flick, the breast-gu head, the breast flick part, etc. of the victim's head, and the victim's head, flick part, the left part of the victim's head, and flick part, the left part of the victim's head, and flick 7 days of need to be treated for about five weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to reports and investigation reports (15 pages, 18 pages, 36 pages, 39 pages), respectively;

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 decision-making process, method and result of the sentence, considering the fact that there has been a history of punishment once as a fine for an injury prior to the instant case, the punishment shall be determined by considering the fact that the Defendant is against the mistake, that the Defendant has agreed with the victim, that it is contingent, that it is a contingent crime, and that it has been punished more than a suspended sentence.

arrow