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(영문) 대구지방법원 포항지원 2019.10.23 2019고단1060
특수상해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 12:00 on January 22, 2019, the Defendant suffered special injury: (a) in a “C” restaurant located in Northern-si B, Northern-si; (b) on the ground that the Defendant’s wife D (n, 49 years of age) expressed the Defendant’s card sales, and (c) took the Defendant’s knife knife (20 centimeters in length) and took the Defendant’s knife (20 centimeters in length); and (d) took the victim’s knife and took the victim’s knife toward the victim, thereby complying with the victim’s head.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the cerebral celebrosis that requires treatment for about two weeks.

2. A special intimidation: (a) around 12:00 at the end of April 2019, the Defendant expressed the victim’s credit card sales at the place specified in paragraph (1); (b) and (c) expressed the victim’s desire to read “the victim’s “hinginging year, the same year, and the death of the victim”; and (b) threatened the victim with a kitchen knife, which is a dangerous thing that had been located therein, by threatening the victim as with the victim’s sludge.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special violence and choice of imprisonment) 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. 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 62-2 of the Criminal Act of the Probation Order;

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) Class 1 crime (Special Intimidation) (Special Intimidation) and violent crime [Type 4] and the elements for mitigation of repeated crimes and special intimidation (Special Intimidation) (Special Intimidation): In the area of mitigation of punishment [the area of recommendation and recommendation], the area of mitigation of punishment [the scope of recommendation and recommendation], and two months to one year;

(b) Class 2 (Special Bodily Injury) violent crimes (a decision of types).

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