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(영문) 울산지방법원 2020.05.29 2019고단5344
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 7, 2019, the Defendant: (a) around 00:09, at D main points operated by the victim C(56 years of age) in Ulsan-si, Ulsan-si, Ulsan-si; (b) the victim C, under the influence of alcohol, returned home to the Defendant; and (c) one knife (25cm in length, 9cm in blade length) which is a dangerous object that was kept in the Defendant’s house, and threatened the victim with the victim’s “E (51 years of age)” which is the seat of the victim C, and the victim E (51 years of age), who is the seat of the victim C, was a knife of the victim’s side knife, thereby taking the victim’s knife part on the number of days of treatment days for the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (to attach photographs of knife knife knife knife knife and vice photographs of the victim E);

1. Application of the existing Acts and subordinate statutes of one kacker (No. 1) seized;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for Crimes of Special Bodily Injury)

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

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

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury Decision) (Special Bodily Injury and Bodily Injury) [Type 1] Special Bodi Injury [Special Bodily Injury] Mitigation Elements: In the area of mitigation of punishment [the area of recommendation and recommendation range] mitigation area, imprisonment with prison labor for four months through one year;

B. Second Crimes (Special Intimidations) (Determination of Punishment) and Intimidations [Type 4], repeated crimes, special intimidation.

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