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(영문) 의정부지방법원고양지원 2020.11.04 2020고단2348
특수존속상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:30 on April 26, 2020, the Defendant: (a) caused the victim D (the 56-year-old) who is fluorous in Gyeyang-gu B apartment C to encourage mental hospital treatment; (b) used the transition (the 22cc in total length, 12cc in blade length) which is dangerous objects, to the victim’s left hand, and suffered bodily injury such as fluor in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as photographs, scenes, and photographs of seized articles;

1. Article 258-2 (1) and Articles 257 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant, who has been sentenced to sentence, injured the victim’s left hand by knife. However, in light of the substance of the crime, even though it is not good to the nature of the crime, the Defendant is aware of the facts charged and stated that it is against the Defendant, the victim does not want the punishment, and the primary offender is considered as favorable circumstances to the Defendant. In addition, considering the Defendant’s age, character and conduct, family relation, means and consequence of the crime, and various sentencing conditions indicated in the instant argument, such as the circumstances after the crime, the sentence as ordered shall be determined by taking into account various sentencing

Defendant.

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