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(영문) 의정부지방법원 2019.07.04 2019고단1370
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 00:20 on March 18, 2019, the Defendant, at the “C” factory dormitory restaurant where the Defendant works in Spocheon-si B, was under the influence of alcohol, and the Defendant, while drinking the victim D(57 years of age) and drinking in the Defendant’s workplace, the Defendant: (a) under the influence of alcohol, led the Defendant, with a knife (30 centimeters in length) a dangerous object in the main room; (b) and “hicker,” with a knife (30 centimeters in length) of a dangerous object in the main room; and (c) had the victim’s second hand, who knifed the victim’s left second hand, so that the victim could not know the number of days of treatment; and (d) caused the injury that the victim could not know.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to blades and photographs of damaged parts;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for one year (Scope of recommendations), and the area of mitigation (4-1 years to special injury and injury by repeated offense) (including special mitigation) for the area of mitigation (4-1 years) (including serious efforts to recover damage);

3. Determination of sentence: The same sentence as the sentence shall be determined in comprehensive consideration of the conditions of sentencing as shown in the records, such as one year of imprisonment, two years of suspended sentence, and the ages, occupations, character and conduct, family relations of the accused, and circumstances before and after the commission of the crime.

3. Unfavorable circumstances: The circumstances that are favorable to the nature of the crime: The confession of the crime in this case and the victim does not want the punishment of the defendant.

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