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(영문) 대구지방법원 2019.07.23 2019고단2314
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 is between the victim D (year 43) who works as an employee in the Daegu Dong-gu “C” restaurant located in B, and the victim D (year 43).

On April 23, 2019, the Defendant thought that his wife E was in a bad relationship with the victim, and around 20:00 on April 23, 2019, the Defendant found the above restaurant to be a beerer who was on the table table and was on the table table one time to give the face of the victim one time, and when the face of the victim is taken on a drinking, etc., the Defendant took up a part in an internal area where the victim needs to be treated for about 2 weeks.

Accordingly, the Defendant carried dangerous objects as above and inflicted bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the investigation report (Attachment 17 of a photograph ofCCTV image data), photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. 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 field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, and the lower limit of the applicable sentencing range is applicable to the case where the lower limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law);

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, the period of suspended sentence for two years, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

Unfavorable circumstances: the defendant is dangerous during the period of suspended execution.

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