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(영문) 창원지방법원마산지원 2020.08.18 2020고단479

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is the victim B (the age of 44) and the workplace rent.

Around 19:00 on March 6, 2020, the Defendant set the victim’s left hand, with a knife ( approximately 20 cm in length, approximately 12.5 cm in knife) a knife, which is a dangerous thing that the victim gets out of a knife, on the ground that the victim was shouldered, on the ground that he was locked by the Defendant, at the dormitory of the company located in Changwon-si Mhappo-si, Changwon-si, Mapo-si, Mapo-si, the Defendant knifed the victim’s knife ( approximately 20 cm in knife).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The knives and photographs of the body and part of the victim, seized by the police officer visiting the scene;

1. Application of the Acts and subordinate statutes of seized blade length photograph;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following grounds for sentencing) of the suspended sentence;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery from a considerable part of damage (the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Opinions of prosecutor: One year; and

4. The Defendant, who was sentenced to sentence, inflicted an injury on the victim who is a knife.

The nature of the crime is not good because any more severe result may arise.

However, the defendant recognizes the crime.

It is not too much serious that the injured party has suffered.

Compensation at the stage of investigation.