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(영문) 광주지방법원 순천지원 2021.01.14 2020고단958

상해등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On April 11, 2020, the Defendant: (a) around 22:00, the Victim C (WW) at the Da main point operated by the Victim C (WWW) located in Jungung-gun, Jung-gun; (b) heard the Victim’s plehion to another person; (c) listened to the Victim’s plehion; (d) knife and pushed the Victim’s plehion; (d) 2 times the Victim’s head knife; (e) opened the Victim’s head knife; and (e) opened the Victim’s head knife; (e) knife the Victim’s head knife and face; and (e) knife knife knife knife knife knif knif knif knif knif knif knif knif.

Summary of Evidence

1. Written diagnosis of seizure records of each police's statement C or E by the defendant in court;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and selection of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Under Article 48(1)1 of the Confiscation Criminal Act, the Defendant, on a non-discriminatory basis, assaulted the victim, thereby causing relatively serious injury to the victim, and threatened the victim with a knife, which is a deadly weapon.

The defendant has a record of criminal punishment such as imprisonment with prison labor, etc. for the same crime.

On the other hand, in the trial process, the defendant tried to find the defendant's wife by mutual consent with the victim.

The defendant's imprisonment with labor for the same crime is about 19 years.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.