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(영문) 서울서부지방법원 2019.03.28 2019고단305

특수상해

Text

A defendant shall be punished by imprisonment for 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

Criminal facts

On December 23, 2018, at around 19:50 on December 23, 2018, the Defendant, while making a dispute with the wife C (the wife, the age of 61) at the residence of the Defendant in Eunpyeong-gu Seoul and the second floor for the reason that the wife C (here, the age of 61) has reached a meeting, was in excess of the dangerous object in the port of the chemical household (the total length of 20cm, the blade length of 9cm) and caused the victim to reduce the left hand of the victim to about 30 meters.

As a result, the defendant carried dangerous things and carried them to the injured party who was unable to know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to excessive photographs, standing photographs (the contents of the victim's statement, the contents reported by the defendant and his/her grandchildren at the time of the instant case, and the victim's partial photographs, the defendant may fully recognize the fact that he/she has inflicted excessive harm on the victim, such as the facts constituting the crime, in light of the victim's photograph).

1. Relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Application of the sentencing guidelines [Determination of types] to determine a special injury, injury by repeated crime: (a) one type (Special Bodily Inflicting) mitigated element ; (b) minor injury, non-members of punishment (the scope of recommending area and recommendation); (c) special mitigation area; (d) February to one year (based on suspension of execution); and (e) recommendation of suspension of execution (based on suspension of execution of sentence - minor injury, non-members of punishment);

3. Determination of sentence: Imprisonment with prison labor for six months, the period and means of committing a crime, the circumstances after committing a crime, the relationship with a victim, the victim's intent not to punish him/her, and the age, sex, criminal administration, environment and criminal records of a defendant for two years under suspended execution, shall be determined as per the order, taking into consideration the overall conditions of sentencing;