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(영문) 수원지방법원 2019.05.24 2019고단703
특수상해
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 23:20 on February 7, 2019, the Defendant: (a) entered the victim D (the age of 48) who was in an internal relationship with the Defendant’s wife on the road adjacent to the Defendant’s wife at Osan-si; (b) however, there was a knife (the total length of approximately 30cm, the knife length is not) which was a dangerous object prepared in advance by the victim to refuse it; and (c) caused two shocks on two occasions by an electronic percussion locks, which is an electronic percussion locks that is a dangerous object with three times the left side of the victim’s wife.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim, such as clothes and other parts of the unknown part ( approximately 3 cm in length, approximately 1 cm in depth).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to medical certificates and medical certificates;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

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

3. Determination of sentence: The defendant who has prepared his knife and electronic percussion locks in advance and has inflicted an injury on the victim with the knife and electronic percussion locks according to the victim, and the sentence of imprisonment is inevitable in light of the method and circumstances of the crime;

A punishment shall be determined as above, taking into account the following circumstances: (a) the Defendant is led to confession of the aforementioned circumstances; (b) although the agreement with the victim was not reached, efforts are made to reach an agreement by delivering the letter of the crime of death to the victim; and (c) the Defendant has no record of criminal records except two times of fines due to drunk driving.

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