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(영문) 수원지방법원 여주지원 2019.03.25 2018고단1108

특수상해

Text

A defendant shall be punished by imprisonment for 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

On October 4, 2018, the Defendant: (a) around 07:15, at the “C” of the Defendant’s operation in Leecheon-si, the victim D (the age of 40) who visited the said establishment as a customer to the said establishment, did not leave the establishment of a business; and (b) incurred an injury to the victim, such as an open room, which requires approximately four weeks of treatment on the left side of the victim, by putting up the transition (the total length of 23 cm, the knive length of 13 cm) as a dangerous object that the Defendant was in possession of in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the special injury, repeated injury [the type 1] special injury [the special person] special injury [the mitigated element]: the self-denunciation or internal accusation, non-prosecution of punishment (including serious efforts to recover damage), or considerable damage therefrom (the scope of the recommended area and the recommended punishment] special mitigation area, the range of the recommended punishment from February to one year [the scope of the recommended punishment corrected according to the sentencing guidelines] imprisonment with prison labor for six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are different from the statutory minimum limit of the applicable sentencing range), and therefore the minimum limit of the applicable sentencing range shall be applicable to the law).

3. Determination of sentence: 6 months of imprisonment, and 2 years of suspended sentence, the Defendant suffered injury to the shoulder part of the victim by over-road in need of medical treatment for four weeks; therefore, the method of committing the crime is very dangerous and the degree of damage is not easy.

In addition, the defendant has been punished several times for violent crimes.

However, the Defendant voluntarily reported to an investigative agency immediately after the instant crime.