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(영문) 대구지방법원 안동지원 2020.02.05 2019고단683
특수상해
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

At around 13:40 on September 16, 2019, the Defendant, who is permanently residing in C Apartment D, had a victim E (the age of 49) and the victim E (the age of 49) who was known to his knowledge and in drinking alcohol, listened to half by the victim with the age of her age, and caused the victim's arms one time with a food knife ( approximately 30 cm in total length, approximately 18 cm in length) which is a dangerous object on the breabed brea, and caused the victim's injury, such as damage to the knife and power line.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning 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. Probation under Article 62-2 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. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable)

3. Determination of sentence: A sentence of imprisonment with prison labor for six months and suspended execution for two years is committed using a knife, and the risk of such crime is not good in light of the crime, and the defendant repeats a crime with the past record of punishment several times in relation to violent crimes.

However, the defendant seems to have committed the crime of this case contingently while drinking with the victim, and the victim does not want to be punished against the defendant.

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