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(영문) 서울남부지방법원 2019.06.13 2019고단117
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 20, 2018, around 03:10 on September 20, 2018, the Defendant brought an injury to the Defendant after the Defendant was in need of medical treatment for about 8 days, for about 52 days, due to the parent-child support in Yeongdeungpo-gu Seoul Metropolitan Government B apartment C, with the hand hand of a knife knife (32cm in length) which is a dangerous thing in the kitchen, which was a dangerous thing in the kitchen.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. Application of Acts and subordinate statutes to suspect's assault, part, photograph, etc., seizure records, seizure list, investigation report (investigation of telephone conversations between the other party and submission of written diagnosis of injury to the victim);

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. Social service order under Article 62-2 of the Criminal Act;

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. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: The part of the knife knife, which is a dangerous object, is that when the head of the victim is taken, the victim's behavior is not less than that of violence such as taking the wife.

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