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(영문) 인천지방법원 2021.02.04 2020고단10698
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is between the victim B (V, 58 years old) and the married couple.

1. Around November 15, 2020, the Defendant: (a) in a restaurant located in Bupyeong-gu, Incheon, which is operated with the victim on November 15, 2020 with a knife, knife ( approximately 30cm in total length, approximately 18cm in knife); (b) the victim knife “h with a knife”; and (c) the victim knife knife knife knife knife knife knife knife knife knife knife that knife knife knife the victim

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

2. Special intimidation: (a) the Defendant, at the time, at the place specified in the foregoing paragraph 1; (b) the house located on the second floor of the same building where the Defendant was damaged; and (c) the Defendant followed the victim by “satisfying”, and subsequently, sent out the door door door door to a tree with a net value (35 cm in length) dangerous objects; and (c) continuously, the Defendant threatened the victim by continuously cutting off the door door door door door to the first floor restaurant and cutting off the door door door table with the above net value three times.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to investigation report on the police statement protocol ( telephone conversations between witness C) with respect to B, on-site photographs, photographic records (Evidence List No. 14);

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) No. 1 Crimes (Special Bodily Injury) (Determinations of Type) . Violence .02. Special Bodily Injury and Repeated . Special Injury [Type 1] mitigated elements (Special Sentencing).

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