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(영문) 대전지방법원 서산지원 2019.10.08 2018고단1105

특수상해

Text

A defendant shall be punished by imprisonment for one year.

Seized knife (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant is a person who served as an employee in the “C gas station” located in Chungcheongnam-gun B.

At around 22:00 on August 20, 2018, the Defendant suspected that the victim D ( South and North Korea) who had living together on the first floor of the gas station C, embezzled part of the food expenses that he received from the president, and she takes a kitchen (h 30ccn), which is a dangerous object being kept in the kitchen, and she takes a kitchen (h 30ccn), and the victim gets the face of the victim by taking away the kitchen from the left hand, and then she takes part of the kitchen knife that the victim gets her face at least 3-4 times with the part of the kitchen knife that is incurred in the loss of the victim's resistance, at the end of the knife.

As a result, the defendant carried dangerous things with the victim and inflicted an injury on the victim, such as an open head cover and open top of the double wall that requires treatment for about three weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Records of seizure, evidence of seizure, and the list of seizure;

1. Investigation report (to hear workplace rent, telephone call, or statement before a suspect);

1. Investigation report (recording a victim's telephone statement);

1. A report on investigation (Attachment of a written diagnosis of a victim);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on special injury photographs;

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

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

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

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. The circumstances under which the sentence of sentence is rendered, and the age, character and conduct, environment and crime of the defendant;