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(영문) 전주지방법원 2020.04.28 2019고단1666

특수상해

Text

The punishment of the accused shall be determined by one year and two months.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on August 15, 2019, the Defendant: (a) known that there was a brupter due to parking problems with the victim, before the seat of the victim C (the age of 39) in Kim Jong-si, the Defendant used the transition (the total length of 21.8cc, the knife 11.5cm, the knife 11.5cm, and the knife 1) while under the influence of alcohol and used the excess in possession of the victim, which was a dangerous object under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs, such as site photographs, diagnostic certificates, and field photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. One to ten years in imprisonment with prison labor for the range of punishment by law;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

The Defendant committed the instant crime on the ground that it was impossible to justify the Defendant’s harmful act, although there was an unfavorable circumstance - the Defendant and the victim had to attach time to time before.

- The criminal method of the defendant is very dangerous.

- The Defendant was unable to agree with the victim, and damaged.