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(영문) 대구지방법원 영덕지원 2019.09.11 2019고단91
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 and the victim B (ma, 50 years of age) are in a de facto marital relationship beginning with their living from around 2013.

Around 23:00 on June 23, 2019, the Defendant heard the victim’s oral dispute with the victim at the defendant’s house located in the Ulsan-gun, Chungcheongnam-gun, and then, he thought that he was fluened by the victim, and that he was fluened by the victim, and that he was fluened, and that he was fluened and that he was fluened, and that he was fluened by the victim, and that he was unable to know the treatment period.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each investigation report and each internal investigation report;

1. A statement of 112 reported cases handled, a statement of transfer of case, etc.;

1. Each family relation certificate:

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. 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Six months to five years;

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the range of the recommended punishment] the special injury [the category 1] the special injury [the special person concerned] - the mitigation element: In cases of minor injury, non-influor (including serious efforts to recover damage) or considerable damage (the scope of the recommended punishment and the scope of the recommended punishment] the special mitigation area, two months to one year [the range of the recommended punishment corrected by the applicable punishment] the imprisonment with labor for six months and one year (the lowest limit of the sentencing range recommended by the applicable punishment is inconsistent with the statutory minimum limit of the applicable punishment).

3. Determination of sentence;

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