(영문) 춘천지방법원 2019.01.16 2018고단1129

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(영문) 춘천지방법원 2019.01.16 2018고단1129

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 4, 2018, at around 18:10 on 18:10, the Defendant, while making a dispute with the victim D (the age of 59) in Chuncheon City B, brought down a down salt, which is a dangerous object on the table that was under the influence of alcohol, and brought about the victim’s left side knife with a knife in detail for about three weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of related photographs and diagnostic notes (D)-related Acts and subordinate statutes;

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

1. The crime of this case on the grounds of sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is highly necessary in light of the following: (a) the crime of this case committed a harmful act on the part of which the important organs essential to the maintenance of life and normal life are gathered due to the supposed fish, which is a dangerous object; and (b) the nature of the crime was inferior; (c) the victim was injured by the suppression; and (d) the victim was not agreed with the victim.

However, in light of the fact that the Defendant appears to have recognized and reflected the instant crime, and the fact that the Defendant has no record of long-term criminal punishment for not less than ten years after having been sentenced to a fine in around 2004, etc., the factors of sentencing favorable to the Defendant shall be considered as the factors of sentencing in consideration of the Defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, and recommendations according to the sentencing guidelines (not including the basic area of special injury, for two years from June to 2 of the basic area of special injury, and for two years from the special mitigation factors), etc., the sentence as per the disposition shall

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