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(영문) 수원지방법원 2019.03.21 2018고단6836

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

On May 24, 2018, at around 19:35, the Defendant refused to take a drinking place in Suwon-si B (the age of 59). On May 24, 2018, the Defendant: (a) through a water tank, which the victim was going to go, took the victim’s back from the back to the bend part of the body of the victim one time; and (b) the Defendant saw the victim’s two arms back from the back to the back part of the body of the victim; (c) d knife the victim’s neck with his hand; and (d) the Defendant d knife the victim’s neck with the knife with the knife in front of the victim’s wife.

Accordingly, the defendant carried a dangerous article, and carried a stone, the number of days of treatment, which led the victim to a second straw, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. A receipt of medical expenses invoice;

1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six to five years;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. The crime of this case in which the defendant committed the crime of this case was determined by considering the shape, method, and other aspects of the crime, but the quality of the crime of this case is not weak.