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(영문) 대전지방법원 서산지원 2019.10.31 2019고단437

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

Around 01:00 on March 5, 2019, the Defendant: (a) requested the victim D (the 60-year-old) to “C” restaurant located in Seosan-si B (hereinafter “C”); (b) on the ground that the Defendant refused the request and forced the victim to complete all the unsold parts, the Defendant continued to provide the victim with a knife knife knife, which is a dangerous weapon on the table (the total length of 35cm, 23cm, knife length of 23cm) on the ground that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried a knife, which is a deadly weapon, 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 investigation report (related to investigation intoCCTV images), on-site CCTV CDs;

1. A written diagnosis of injury;

1. Application of related Acts and subordinate statutes;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the first category] special injury [the scope of the recommended punishment] special injury [the special person] mitigation element: minor injury [the scope of the recommended punishment] mitigation area], imprisonment for four months to one year [the range of the recommended punishment corrected according to the applicable sentencing range]] 6 months to one year (the lowest limit of the sentenced punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the lower limit of the sentenced punishment is set according to the law applicable sentencing range).