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(영문) 대구지방법원 2019.06.04 2019고합38

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 21, 2018, at around 01:40, the Defendant concealed the victim E (the age of 41) of the sexually friendly arrest who flicked with D while drinking alcohol together with D in the D's residence located in Ansan-si B apartment C at the same time.

In order to discover the defendant who was hidden by the victim at home and to capture him, the defendant gets off the victim's chests, which are dangerous articles that were faced with the scambling at home, and then has knife the chest part of the victim's chest part once after having knife the victim's chest part once.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as credit or scarcity, which requires four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of witness D;

1. Part of the prosecutor's statement concerning D;

1. A medical certificate;

1. E-learning photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (including the table of evidence Nos. 23, 27, and each accompanying material), investigation report (including the table of evidence Nos. 15 and accompanying material);

1. Determination as to the assertion by the defendant and his defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act concerning the relevant criminal facts

1. The gist of the assertion is that the Defendant unilaterally saw the victim with a deadly weapon, and there is no fact that the Defendant was a deadly weapon.

The victim has self-harmed.

2. "guilty as a result of the jury verdict: The grounds for sentencing seven persons.

1. The scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines (decision of types) of violent crimes: 【Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury (Special Aggravation): In the area of aggravated injury (the area of recommendation and the scope of recommended punishment) increased, 1 to 3 years of imprisonment.

3. One year of imprisonment with prison labor for sentencing on jurors: One year and six months: Imprisonment with prison labor for not less than two years: One person.

4. Determination of sentence: A defendant for one year is likely to have committed any contingent crime;

The victim also has a part of the occurrence of crime.