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(영문) 대구지방법원 김천지원 2019.06.13 2019고단217
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

One transition (No. 1) seized (No. 10cm, knife: 13.5cm).

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2011, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Daegu High Court, and completed the execution of the sentence in the Daegu Prison on September 25, 2016.

【Criminal Facts】

On February 8, 2019, the Defendant: (a) around 19:55, while drinking and drinking alcohol, such as the old-si B loan C, the Defendant’s residence, and the victim D (the age of 38). While drinking and drinking alcohol, the Defendant used a transition (the total length of 23.5cm, the blade length of 13.5cm, and the blade length of 13.5cm) where the victim was under the influence of alcohol, and expressed his desire to “I are fluored, grown without the fluor,” and took an excessive look at the victim’s left hand in the excessive course of the victim’s restraint.

Accordingly, the defendant carried dangerous objects and brought about a show of the left-hand hand hand of the victim in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Records of seizure and the list of seizure;

1. Reports on internal investigation (to be accompanied by photographs of damaged parts of the scene and victim), investigation reports (to be accompanied by medical certificates of injury of a victim);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of results from the search of prisoners against a suspect), and application of Acts and subordinate statutes to criminal investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the scope of the recommended punishment [the category 1] special injury (including a special person) or special injury (including a serious effort to recover damage) or considerable damage is restored to the mitigated punishment (the scope of the recommended and recommended punishment], the mitigated punishment area, and the imprisonment with prison labor for a period from April to one year.

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