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(영문) 서울남부지방법원 2021.03.17 2021고단380
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B(57 years) are the relationship between the defendant and the victim and the victim and the living together for about 8 months.

around 09:10 on August 9, 2020, the Defendant brought about a monetary problem with the victim in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, where the Defendant’s residence is the Defendant, and the victim brought about one food knife ( approximately 34cm in length, approximately 20cm in length on the day, about 20cm) and one excessive knife in the main room of the Defendant’s dwelling, and brought about the deather as “the deather.” As such, the Defendant inflicted injury on the victim for treatment days, such as the victim’s knife knife knife knife and knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A protocol of seizure and a list of seizure;

1. Investigation report (victim - With respect to attachment of photographs of bucks and bucks);

1. Application of the Acts and subordinate statutes to the photograph of seized articles and the victim's body photograph;

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 on the suspended execution;

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [ the scope of the recommended punishment corrected according to the applicable sentencing guidelines] imprisonment for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The Defendant’s crime of this case was committed with food knife and buckbucks that the Defendant used the victim’s knife so that the method of committing the crime is dangerous.

- The defendant has been punished on two occasions as a crime related to violence even before the instant case, as well as several occasions with the victim.

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