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(영문) 울산지방법원 2020.10.23 2020고단3733
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

Since about 10 years ago, the Defendant had been using the “D convenience store” operated by the Victim B (Nam, 42 years of age) in Yangsan City as a customer, and around February 6, 2020, the Defendant thought that the victim neglected to purchase the suit at the convenience store around February 6, 2020.

The notification of the victim that the police is called out by the victim, but it has been thought that it is about the reason of the victim, and the awareness of the fact has been raised.

On August 17, 2020, at around 20:26, the Defendant: (a) inflicted injury on the victim, who calculated the goods at the “D convenience store,” such as double cutting, inner part, inner part, and flag, flag, flag, and flag, which require approximately four weeks of treatment to the victim, by taking away the transition (20cm in total length, 10cm in length, 10cm in blade, and 2.5cm in blade) which is a dangerous object in possession, which was in possession of a trial expense.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. A report on internal investigation (Attachment of a studio of evidentiary materials), report on internal investigation (verification of CCTV images at the site), 11 copies of photographs, investigation report (Attachment of a photograph of damaged body);

1. Application of the existing Acts and subordinate statutes of the excessive blade (No. 1) confiscated;

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;

1. Probation and community 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 sentence according to the sentencing guidelines [the determination of a type] violence crime: Special injury [the type 1] Special Injury (including a special person] special injury (including a serious effort to recover damage) or considerable damage is recovered: In the event of serious injury (excluding the area of recommendation and the scope of recommended punishment), six months to two years [the scope of recommended punishment corrected according to the applicable sentencing], the lower limit of the sentence range recommended from the sentencing guidelines for one to two years, shall be legal.

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