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(영문) 의정부지방법원 2018.11.30 2018고단4166

특수상해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a victim C (25 years of age) and a middle school alumni relationship.

On August 9, 2018, the Defendant: (a) committed assault against the victimized party in a marina dispute with the victimized party while drinking alcohol together, and (b) took advantage of such assault, and (c) moved to the vicinity of the injured party’s residence, a dangerous object purchased at a convenience store (21cm in total length, 7cm in length on the day, and 7cm in length).

At around 23:57 on the same day, the Defendant: (a) laid the victim’s neck, which was cited by the Defendant in front of the Speaker’s city, in order to detect the victim, and (b) laid the victim’s body with the victim who tried to capture him/her, and (c) fighted with the victim, the lower part of the victim’s neck, which was caused by his/her knife, was placed on the part of the victim’s knife at least three weeks of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes, such as one medical certificate, 19 copies of medical records, and field photographs;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(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 [the types of decisions] violent crimes, special injuries, repeated crimes, special injuries (type 1): Reduction factors: Where victims are fully responsible for the occurrence of and the expansion of damage to a crime even if the victims are also responsible for the occurrence of and the expansion of damage to the crime, the element of aggravation of punishment: Imprisonment with prison labor for a period from April to one year (the area of mitigation of punishment).

3. The fact that the crime is not good in light of the risk of the instrument and method of the crime to be sentenced, etc. is the confession of the defendant and the primary crime.