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(영문) 전주지방법원 2020.09.16 2020고단401
특수상해등
Text

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

Reasons

Punishment of the crime

1. At around 15:00 on November 15, 2019, the Defendant: (a) took a bath on the ground that farmers members under the influence of alcohol would slick during the assembly; (b) taken a knife the victim D (the age of 65) who is a member, and the knife (the 19cm, the knife 13cm, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif kn

2. Around August 11, 2019, the Defendant damaged the victim E-owned cargo (F) of the said C parking lot, which was parked due to the failure to participate in fighting at the said C parking lot on August 11, 2019, thereby damaging the front and front glass of the said vehicle owned by the victim and the driver’s seat whiteer, thereby damaging approximately KRW 1.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. Statement to E by the police;

1. Written estimate and written diagnosis of injury;

1. Application of the provisions of statutes to photographs of knives used by the defendant, body photographs of victims, and photographs of damaged vehicles;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), 369 (1), and 366 of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) (including a serious effort to recover damage): Where the mitigated area of punishment (including serious efforts to recover damage) or considerable damage has been recovered, the mitigated area of imprisonment with labor for four months to one year;

B. Crimes No. 2 (Special Destruction and Damage) (Determination of Punishment). Cumulative Crimes and Special Destruction and Damage.

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