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(영문) 대전지방법원 서산지원 2019.07.10 2019고단299
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is under B, and the victim C(the age of 63) is under D.

At around 07:34 on January 8, 2019, the Defendant got off only the Defendant from the F parking lot located in Jinjin-si, Si, for the reason that the Defendant was trying to return to the company after having completed the consignment service, and returned to the company, 2 times the victim’s face by taking out the driver’s seat of ready-mixed vehicle on which the victim was aboard, and 3 parts of the ice lease material, which is a dangerous object that the victim was in possession of ordinary peace ( approximately 25-35 cm in length, approximately 45-50 cm in length, about 45-50 cm in total length), taken off the victim’s shoulder, arms, fingers, fingers, kne, knene, knenene, kne, etc. at the above 3 parts.

As a result, the defendant carried dangerous things and carried them for about three weeks, brought about other knife and knife the parts of the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the upper part of the body photograph, death diagnosis letter, and recording record;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. In light of the method, means, etc. of the instant crime in which the sentence of sentence was determined, the nature of the crime is not very good and the injury suffered by the victim is also reasonable.

The victim wanted to be punished by severe punishment of the defendant.

However, the fact that the defendant confessions and reflects his/her crime, and deposited 2.5 million won for the victim, etc. shall be considered in favorable circumstances.

The age, character and conduct, environment, and environment of the defendant.

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