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(영문) 서울중앙지방법원 2020.11.20 2020고단6083
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On August 27, 2020, at around 01:35, the Defendant heard the horses from the victim at home of the Gangnam-gu Seoul building and the victim C (n, 26 years of age) in Gangnam-gu, Seoul, and the victim C (n, 26 years of age), and tried to put the victim’s left side bucks in hand, which are dangerous things in the kitchen, (23 cm in total length, 12 cm in a knife length), and put the victim’s knife in the heart, so far as the victim’s knife’s knife makes it difficult for the victim to give approximately four weeks’s treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserts that the defendant and his defense counsel's assertion of each investigation report (including attached documents), seizure report (including submission of a document), seizure list, each photograph of the defendant and his defense counsel in relation to C's statement, were in a state of mental and physical disability because the defendant did not memory under the influence of alcohol at the time of the above crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it does not seem that the defendant's ability to discern things or make a decision has been weak or lost, so the defendant's assertion is not accepted.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

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. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] special injury [the special person] special injury [including serious efforts to recover damage] or considerable damage is recovered (the scope of the recommended punishment and the recommended punishment], the scope of the mitigated punishment], the imprisonment for four months to one year [the range of the recommended punishment revised according to the sentencing guidelines] 1 year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, so the minimum limit of the applicable sentencing range of law is different from the applicable sentencing range).

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