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(영문) 수원지방법원 안산지원 2019.05.24 2019고합78

특수상해

Text

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

except that 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 17:00 on December 3, 2018, the Defendant, while drinking alcohol together with the victim D (49 years of age) and two persons who live in the place of residence of the Defendant located in Ansan-si B and C, on the ground that the name of the Defendant was not known, the Defendant took a knife, which is a dangerous thing in the kitchen, and put the victim with a knife.

The victim's head was knifeed once with a knife, and the victim was injured by an open wound of the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E and F;

1. General medical certificate and photographs of damaged part of the victim;

1. Report on investigation (as to the criminal tools used by the suspect at the time), the application of photographic Acts and subordinate statutes to the criminal tools;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. The scope of recommended sentences according to the sentencing criteria (the determination of types) and violent crimes;

2. Reduction element of special injury and repeated crime: Reduction element of punishment (the scope of recommendation) and reduction range of punishment (the scope of punishment) and from April to one year (the scope of corrected recommendation range) shall be six months to one year (the lowest limit of punishment for punishment under Acts).

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended execution for two years; the crime of this case committed by the defendant with the knife that is a dangerous thing and thereby causing bodily injury to the victim; the crime of this case is not less severe than that of the defendant in light of the method and method of the crime, and the degree of injury suffered by the victim;

However, the defendant led to the confession of the crime of this case and reflects the mistake.

The Defendant appears to have committed the instant crime in a contingent manner while drinking with the victim.

From the investigation stage to the defendant.