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(영문) 창원지방법원 진주지원 2019.08.29 2019고단633
특수상해
Text

A defendant shall be punished by imprisonment for three years.

The seized knife (No. 1) and one knife (No. 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

The Defendant, for about five years prior to the five years ago, became aware of the students of a dance institute operated by the Victim B(57) (the 57-year-old) due to an unforeseen reason, and the recent years, the spitation, such as spitation, dispute, and spitation in the face, has rapidly deteriorated.

At around 13:30 on May 23, 2019, the Defendant, with the mind that the victim would harm the victim for the above reasons, found the D convenience points located in Jinju, where the victim frequently visits coffee with the victim, brought about a dispute with the victim, spits the face of each other, and continued to spit it into the road front of the above convenience point, and then, the Defendant spit it, which is a dangerous object that has been prepared in advance and put in the right hared into the right hares house (total length of 30cm, daily length of 17cm), taken knife the left part of the victim's left part one time, and put about the open shape between the parts of the victim whose detailed body is in need of the victim's treatment for about 4 weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. A copy of medical records, a certificate of diagnosis;

1. Arrest photographs, etc., identification scene photographs, each photograph, and each CCTV photograph;

1. Each investigation report (the sequence 15, 16, 22 of the evidence list);

1. Application of each of the existing Acts and subordinate statutes of one knife (No. 1), one knife (No. 2);

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

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. Extent of the recommended sentence according to the sentencing guidelines [decision of types] of violent crimes; 【Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury (Special Bodi Aggravation] Aggravation (excluding the area of recommendation and the scope of the recommended sentence] aggravation area; 1 to 3 years of imprisonment.

3. The crime of this case, which has been decided to be sentenced, is expected to have a dispute with the victim.

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