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(영문) 대전지방법원 2021.01.13 2020고단4769
상해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 29, 2020, at the defendant's house located in the Dong-gu I apartment house J around 09:0, the defendant heard that the victim's K (n, 49 years of age) and drinking alcohol are male who is the victim's only, and the victim was coming from his house, but the victim did not hear the horses, on the ground that the victim did not hear the horses, he saw the victim's breast, and knife the victim's breast, 2 to 3 times the knife, and twice the head part.

As a result, the defendant added a baby spath of a baby whose treatment period could not be known to the victim, and an open wound of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

1. A victim and on-site photograph;

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

1. The relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act (Selection of Imprisonment with prison labor) concerning the reasons for sentencing;

1. The scope of the recommended punishment according to the sentencing guidelines [type 1] the general injury [type 1] the general injury [person subject to special sentencing] - The elements of mitigation: The scope of mitigation [the scope of recommendation and recommendation], the scope of mitigation [the scope of mitigation], the range of imprisonment with labor for two months or ten months [the grounds for suspension of execution]] (the grounds for suspension of execution] - The main grounds for suspension of execution: The sources of punishment are not imposed - the grounds for suspension of execution of execution or more: There are no criminal records

2. Determination of sentence;

(a) Conditions favorable to the defendant: The fact that he recognizes the crime of this case and reflects the mistake, the fact that there is no record of punishment exceeding the fine at the time of this case, and the victim does not want the punishment of the defendant by agreement with the victim, etc.;

B. Unfavorable conditions: The Defendant was punished by a fine of KRW 1 million on October 15, 2018 due to interference with the duties that he/she committed on July 29, 2018; was punished by a fine of KRW 2 million on January 7, 2019 due to interference with the duties that he/she committed on September 17, 2018; was punished by a fine of KRW 2 million on March 7, 2019; was obstructed by interference with the performance of special duties that he/she committed on March 23, 2020, and again committed the instant crime without being aware of it on June 24, 2020 due to interference with the performance of duties that he/she committed on March 23, 20

C. The Defendant’s age, sex, environment, and motive and motive leading up to the instant crime.

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