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(영문) 의정부지방법원 2018.06.07 2018고단628
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

around 01:40 on October 6, 2017, the Defendant returned home by a police officer who called to the scene on the ground that he saw the victim D (17 scam) as a scam and brought about a threat to the victim at C convenience stores located in Namyang-si, Namyang-si, and brought the victim a knife knife, which is a dangerous object, in both hands and knife, and had the victim knife 1 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. 피고인의 일부 법정 진술( 피고인은 피해자에게 칼을 던지는 시늉만 했을 뿐 실제로 칼을 던진 사실은 없다고 주장하나, 피해자와 목격자 E의 일관된 진술 및 피고인이 제출한 칼 중 1 자루의 칼날 부분이 깨져 있는 점 등에 비추어 보면 피고인이 피해자에게 칼을 던진 사실이 인정된다)

1. Statement protocol of the police concerning D, and protocol of interrogation of the police;

1. Statement made by the police for E;

1. Diplomatic photographs;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (verification of blades used for committing the crime);

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

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

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of recommended sentences on the sentencing guidelines: Imprisonment with prison labor for a period of between one year and two years and six months [the scope of recommended sentences] Habitual injury, repeated crime injury, and special injury (Habitual injury, repeated crime injury, special injury)] in the area of special mitigation (from September to February 6) (including specially mitigated persons), minor injury, non-permanent injury (including serious efforts to recover damage), and the scope of sentence compared with recommended sentences: one year to June 2.

3. Determination of sentence: Imprisonment with prison labor for one year, the period of stay of execution for two years, and the age, occupation, sex, family relationship, and other crimes of the accused;

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