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(영문) 대전지방법원서산지원 2020.11.25 2020고단1129
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

At around 22:52 on October 2, 2020, the Defendant issued a complaint to the effect that “the unemployment benefits had been suspended upon the Defendant’s report.” On October 22, 2020, the Defendant laid off the victim’s face by drinking the victim’s face at one time, and then cut off the victim’s face to the floor, and then cut off the excess (24cm in total length, 13cm in knife length) which is a dangerous object prepared in advance, and cut down the victim’s face to the knife and knife the victim’s knife, knife the knife, knife the knife of the victim’s left hand, knife the victim’s knife, knife the victim’s head and kneee.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as the first balance of the treatment days on the left side.

Summary of Evidence

1. Statement of the police concerning B's legal statement;

1. Seizure record and list;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the degree of injury of a victim);

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. In light of the reasons for sentencing under Article 48(1)1 of the Criminal Act, the Defendant’s responsibility is not somewhat weak in light of the following: (a) the method and method of the instant crime and its risk were considered; and (b) the occurrence of serious consequences may occur.

However, the sentencing factors such as the defendant's recognition of and reflect on the crime, the injury suffered by the victim is not severe, the favorable circumstances such as the agreement with the victim, and the age, character and behavior, environment, circumstances, circumstances after the crime, etc. shall be determined in accordance with the order.

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