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(영문) 의정부지방법원 2020.10.15 2020고단1933
특수상해
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

At around 13:10 on March 10, 2020, the Defendant, at the house of the victim D(37 years of age) located in the Dong Government-si B C, on the ground that the victim living together had arrived at the amusement establishment, brought a dispute to the entertainment establishment on the ground that the victim living together was living together, and brought a dangerous thing that he was living in the house and brought in the house, one kitchen-car (18.5cm in the blade, 18.5cm in the blade, 13.5cm in the blade, 13.5cm in the blade, 13.5cm in the blade, and 2 cm in the left side of the victim's left arms, and put a 2 cm in the left side of the victim's treatment for treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Seizure records;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] shall be the range of the recommended punishment according to the sentencing guidelines (the lowest limit of the sentencing guidelines is lower than the statutory applicable sentencing guidelines, and thus the applicable sentencing guidelines shall be set according to the statutory minimum limit of the applicable sentencing standards). In particular, injury, injury (type 1) [the person subject to special mitigation] [the scope of the recommended punishment]: four months to one year (the scope of the changed recommended punishment].

3. The crime of this case committed by the Defendant, which led to the knife and excessive knife while the victim, who had a knife, had a knife, had a knife in the amusement business place.

Taking account of the fact that the parts of the victim's arms are 2 cm, and that in light of the method and form of the crime, it appears that the occurrence of a serious consequence could have occurred, and that there was a history of being sentenced to a fine once due to the same type of bodily injury, the defendant's liability for the crime is the same.

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