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(영문) 대전지방법원 서산지원 2020.01.16 2019고단672

특수상해

Text

A defendant shall be punished by imprisonment for two years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On July 23, 2019, the Defendant, at around 23:04 on July 23, 2019, had a knife ( approximately 32 cm in total length, approximately 20 cm in length, approximately 12 cm in length), which is a dangerous object in the main room, on the grounds that he could not know under the influence of alcohol at “Cjun” located on B and 2nd floor of Jinjin-si, and reached one knife in each of the above knife D(44 years old) and the left part of the knife in this knife.

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as the whole part of the left-hand part, the whole part of the water supply system, the part of the water supply system, and the part of the water supply system.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and D;

1. 112 reported case handling table;

1. Records of seizure and the list of seizure;

1. A report on investigation;

1. Investigation report (Attachment of a written request for medical treatment for an emergency patient), a written request for medical treatment;

1. A criminal investigation report (Attachment of a CCTV photograph);

1. Investigation report (Attachment of knife photograph of knife and knife);

1. A report on investigation (Attachment of a medical certificate for a victim), chest-out, diagnostic certificate, scarcity, and diagnostic certificate;

1. Attachment of field CCTV CDs;

1. Application of statutes on field photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes; 2. Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Scope of Recommendation and Recommendations]

2. Determination of sentence of this case is highly dangerous, the degree of injury is considerably significant, disadvantageous circumstances such as the defendant's mistake and reflects that the defendant did not agree with the victim, and the defendant seems to have caused contingent crimes under the influence of alcohol, and the favorable circumstances such as the fact that there was no other penalty force, other than the punishment once imposed on the crime of this case, shall be taken into account, and all other conditions of sentencing specified in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.