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(영문) 대구지방법원 서부지원 2019.05.23 2019고단287
특수상해
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The number of seized blades(27 cm) per one square meter (No. 1), food blades(34 cm) per one square meter.

Reasons

Punishment of the crime

The defendant is the father of the victim B (math, 19 years of age), the victim C (math, 21 years of age).

1. On January 27, 2019, the Defendant committed the crime against the victim B: (a) around 16:30, at the home of the Defendant in Daegu-gu, Daegu-gu D, the Defendant: (b) brought about a dispute with the victim as a matter of money; and (c) brought about the victim’s knife, which is an object dangerous to the knife of the knife; and (d) brought about a knife for about 15 days to the victim’s knife for medical treatment.

2. The Defendant committed a crime against the Victim C, on the ground that the Defendant committed an act of 1) against the Victim C, while preventing the Defendant, deducted the knife described in paragraph (1) that the Defendant had the knife the knife, which is dangerous in the kitchen, and then taken the knife (16cc in the knife length) of another knife, which is dangerous in the kitchen, and did not know the treatment date once, thereby inflicting an injury on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, B, and C;

1. Police seizure records;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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 Article 48 (1) 1 of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types of punishment] the scope of the recommended punishment [Article 1] Special Injury (Special Bodily Inflicting Person] - serious injury (excluding special types of serious injury): Aggravation (excluding the scope of the recommended area and the recommended punishment] increased area, 1 to 3 years of imprisonment [general person] increased factors: A person subject to aggravated punishment and a person subject to suspended sentence (less than 10 years after the completion of execution] of the same kind of repeated crime and a person subject to suspended sentence of punishment (less than 10 years after the completion of execution] that is not considered.

3. Determination of sentence: A normal condition in favor of one year and two months of imprisonment: The defendant shall use a knife, which is a dangerous article, to the effect that the defendant recognizes the crime of this case; and

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