특수상해
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
At around 09:00 on September 5, 2012, the Defendant suffered injury to the left side of the victim who had a knife knife with the victim E (the age of 45) who is working partner in the D company in Yangju-si, and had a knife knife, which is a dangerous object in the room, while drinking alcohol with the victim E (the age of 45) who had a dispute, and had a knife with the victim who tried to deduct it.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. Application of Acts and subordinate statutes stated in a written diagnosis;
1. Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable one of the reasons for sentencing below) of the suspended sentence (i.e., the sentencing guidelines are not yet established for the special injury crime under Article 258-2 of the Criminal Act, which was newly established on January 6, 2016, and thus, the sentencing guidelines do not apply) Defendant, in knife, sustained the victim by knife. In light of the method of crime and the degree of injury inflicted on the victim, the Defendant’s liability for the crime cannot be deemed to be negligible.
Moreover, the Defendant left China on September 6, 2012, after committing the crime, and went back to China.
(Evidence List No. 11) and the statutory penalty for the special injury of this case is one year to ten years.
However, the sentence of imprisonment shall be imposed in consideration of the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim and that there is no record of criminal punishment in Korea, and the execution thereof shall be suspended