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(영문) 서울북부지방법원 2021.03.31 2021고단72

특수상해

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

A. On December 28, 2020, the Defendant: (a) committed an assault, such as a knife of the Defendant’s shoulder, which is a dangerous thing that the Defendant was the father of Dongdaemun-gu Seoul, Dongdaemun-gu,***** 73 years of age); (b) knife (30 cm in length, 17 cm in length on the day) and knife the Defendant’s shoulder, which is a dangerous thing that the Defendant was the father of the Defendant in his dwelling, and (c) knife the Defendant’s head (17 cm in length) and flife the Defendant’s head, which was a dangerous thing that the Defendant was flife in his place. In order to reduce the knife the knife of the Defendant’s shoulder, the Defendant flifeed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against the accused and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (on-site verification), a report on investigation (such as seized knives, watch pictures, etc.), a report on investigation (suspect C), a report on investigation (a copy of a certificate of medical records of a victim C) and a report on investigation

1. Articles 258-2(1) and 257(2) of the Criminal Act regarding the facts constituting an offense apply to Article 258-2(1) and Article 257(2) of the Criminal Act, but the victim is the father of the defendant, and thus, the defendant is corrected to Article 257(2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the scope of the recommended punishment [the person subject to special sentencing] special injury and repeated crime [the person subject to special punishment] special injury [the person subject to aggravated punishment]: The victim who continues to exist [the scope of the recommended punishment and the scope of the recommended punishment] basic area, six months to two years [the scope of the recommended punishment corrected by the applicable sentencing guidelines], one year to two years (the lowest limit of the applicable sentencing in law is applicable because the lowest limit of the scope of the sentence recommended by the sentencing guidelines is inconsistent with the applicable sentencing guidelines set forth in the applicable sentencing guidelines).

3. Determination of sentence: Imprisonment with prison labor for a period of two years, and symptoms unfavorable to a period of three years: