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(영문) 의정부지방법원 2019.10.31 2019고단2428
특수상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

At around 04:50 on February 23, 2019, the Defendant, at the house of the Defendant in the Namyang-si apartment No. B apartment in the Namyang-si, drinked with the victim D (the age of 47) who suffered a social-friendly dispute while drinking together with the alcohol, and came to knife one per cent (10cm, 9cm in the length of the day) which is a dangerous object in the state of the state of the state of the incident, and came to knife three times.

As a result, the defendant carried dangerous things with the victim and carried about about 28 days of medical treatment, other clothes in need of medical treatment, and an open injury in detail to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Records of seizure and photographs of deadly weapons confiscated at the site;

1. Application of Acts and subordinate statutes to on-site photographs, death diagnosis reports, and general news reports;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation Orders under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: One year to ten years; and

2. Scope of the recommended sentence according to the sentencing guidelines (determined of types) of violent crimes, the special injury, injury by repeated offense (type 1): The mitigated element of punishment, and serious injury (the scope of recommended punishment) from six months to two years (the scope of corrected recommended punishment) shall be sentenced to imprisonment for six months (the scope of corrected recommended punishment), and one year to two years (the lower limit of the sentencing guidelines is lower than the statutory applicable sentences, and the lower limit of the applicable sentencing standards shall be set according to the law applicable sentences).

3. The defendant sentenced to the sentence had three times the knife part of the victim's knife, which is a dangerous object during a dispute with the victim while drinking, such as the victim. In light of the method of crime, pattern, part and degree of injury, etc., the crime seems to have been very poor that the victim's life may have been at risk.

In addition, the victim was unable to commit these crimes from the defendant who was friendly.

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