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(영문) 의정부지방법원 2018.12.20 2018고단4705
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

On August 11, 2018, the Defendant, at around 04:08, 596-18, was under the influence of alcohol from the chairer on the street in front of the Namyang-si apartment of the 596-18 Pakistan, and had the victim talked with the victim B (the 44 years old), while the victim had a dispute with another male, and had a dangerous object in the knife of the knife of the knife, which was a dangerous object in the knife of the knife of the knife of the knife, caused the victim to suffer damage, such as damage to the knife of the knife that requires a six-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of seizure records, photographs of seized articles, on-site photographs, and statutes;

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 suspension of execution (the following favorable circumstances):

1. The 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. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Scope of the recommended punishment on the sentencing guidelines: Imprisonment with prison labor for one year or two years (the scope of the recommended punishment), special injury, or repeated injury; for the basic area (for six months to two years), (for special mitigation), punishment not for punishment (including serious efforts to recover damage), or for considerable damage, where considerable damage has been recovered;

3. Determination of sentence: Imprisonment with prison labor for one year, two years of suspended sentence, community service work hours at 120 hours, and other conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes, the same sentence as the order shall be determined.

The unfavorable circumstances: The nature of the crime is not very good, the degree of injury is serious, and the circumstances favorable to the fact that there are criminal records of the same kind of violence: The confession of the crime of this case, the victim does not want the punishment of the defendant, and there is no serious criminal record other than the fine.

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