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(영문) 청주지방법원 충주지원 2019.06.05 2019고단90

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

Around 17:40 on February 11, 2019, the Defendant inflicted an injury on the part of the victim D (ma, 53 years old) at once on the left side of the victim D (ma, 53 years old) with a knife for work, which is a dangerous object in possession of a usual work in the state of alcohol, without any particular reason, at Cda, in Cdaa located in Chungcheongnam-gun, Chungcheongbuk-gun, Chungcheongnam-gun, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to field photographs, hospitalization of victims, and vice versa;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One year to ten years;

2. The scope of the recommended punishment according to the sentencing guidelines (determined of types) [the scope of the recommended punishment] the special injury, repeated crime injury [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], the basic area of the punishment, six months to two years [ the scope of the recommended punishment modified according to the applicable punishment] imprisonment for one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable punishment, and the minimum of the applicable punishment is set according to the law).

3. Determination of sentence: Imprisonment with labor for one year, the Defendant recognized his mistake and expressed his attitude against this law.

However, the defendant, without any particular reason, sustained knife a person who does not know of it, and the victim suffered injury that requires approximately four weeks of medical treatment, and the nature of the crime is not good.

The Defendant did not agree with the victim.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and pleadings, such as the age, character and conduct, environment, and circumstances after the crime.