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(영문) 수원지방법원 평택지원 2020.03.13 2020고단146

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 56) are between them.

The Defendant held a knife (total length 28cc, 16ccm in knife length, 16cc, No. 1) which is an object dangerous to his own inner machine under the influence of normal flife on the ground that he disregards himself, and tried to find the victim to threaten the victim's knife with the victim's knife and the knife.

At around 13:40 on January 18, 2020, the Defendant found a victim at D’s residence located in Pyeongtaek-si C, and caused the victim’s injury on the left column that requires treatment of approximately two weeks on the left side of the victim by cutting off his left part of the victim’s day in the process. The Defendant stated that “I kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s left part.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. A comprehensive consideration of all elements of sentencing as shown in the arguments in this case, such as the circumstances below the sentence, and the age, character and conduct, environment, family relationship, motive for the crime, means and result of the crime, and the circumstances after the crime.