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(영문) 춘천지방법원 강릉지원 2020.04.09 2020고단117
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

At around 14:30 on January 27, 2020, the Defendant took a drink together with C, the victim D (year 45) in the residence of the land located in the East Sea B, and followed the Defendant’s perception that he was disregarded of the horses such as “Yama, inside the house, implied tin,” and “Neman,” and “Neman,” the Defendant took a look at the front side of the victim and the victim, with a transition ( approximately 23 cm in length, approximately 13 cm in length, and about 13 cm in length) a dangerous object on the back of the vessel. After that, the Defendant took a desire, such as “Chewing”, while the victim and the victim continue to engage in a dispute, and she took part in the above and the victim’s right side of the road.

As a result, the defendant carried dangerous things and inflicted an injury on an open wound of about 5 cm in length and a small creativeist who is not known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. A medical certificate;

1. Records of seizure and the list of seizure;

1. The scene of the case and photographs of seized objects;

1. Application of Acts and subordinate statutes to photographs showing investigative reports (verification of the part of the victim's injury), and part of the victim's injury;

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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 [the determination of a type] of violent crimes [the category 1] special injury [the special person] special injury [including serious efforts to recover damage] or considerable damage is recovered (the scope of the recommended punishment and the recommended punishment], the mitigated area of imprisonment from four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines], the lower limit of the sentence recommended by the sentencing guidelines for one year is inconsistent with the lower limit of the applicable sentencing under law.

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