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(영문) 수원지방법원 안산지원 2019.04.26 2019고단186

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 09:15 on December 6, 2018, the Defendant: (a) expressed the attitude of the Victim D (A), a workplace volunteer in Ansan-si B and C, and the Defendant from around January 2018, 2018, on the ground that: (b) the Defendant paid the victim 10 million won of the money that he/she lent to him/her; (c) but (d) the victim provided that he/she would have repaid the vehicle in his/her own way; and (d) he/she did not clearly state when he/she has repaid the vehicle in his/her own way; and (e) knife, which is a dangerous object kept in his/her own residence, (g) knife (scar, total length of 41cc, and 27cm length of the knife) with knife (f) that requires approximately 21 days medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A record sheet and a medical certificate of injury;

1. Photographss of seized articles and CCTV images for crime prevention;

1. On-the-spot care prepared by the victim;

1. On-site records and reports on the results of field identification of the special injury incident;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to report internal investigation (related to the statement by the head of the E Hospital), report on internal investigation (related to telephone conversations of a victim at the time of damage), investigation report (verification and attachment of CCTV images for crime prevention consistent with the victim's statement), investigation report (related to requests for appraisal);

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. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines (decision of type) (the scope of punishment) and the amount of injury by special injury and repeated crime [the category 1] special injury [the special person] mitigation element: damage due to the penalty (including a serious effort to recover damage) or considerable damage.