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(영문) 춘천지방법원 강릉지원 2020.03.26 2019고단1451
특수상해
Text

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

Reasons

Punishment of the crime

[criminal power] On September 26, 2017, the Defendant was sentenced to 8 months of imprisonment with labor at the Gangnam Branch of the Chuncheon District Court due to the crime of interference with business, etc. on April 9, 2018, and completed the execution of the sentence in the Gangnam Prison.

【Criminal Facts】

On November 3, 2019, at around 15:00, the Defendant ordered alcohol in D operated by the victim C (n, 60 years of age) located in Gangnam-si B, and the victim had a dispute with the credit value calculated first, and caused her damage to the beer’s disease, which is a dangerous thing on his/her client, in the state of having the victim’s head head knife with his/her left hand, her head knife and her head knife the victim’s head knife, and her knife the victim’s knife with his/her body knife with his/her body knife and knife the victim’s knife with his/her body knife on his/her wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Investigation report-field photographs, etc.;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (report attached to the suspect's judgments on the same kind of force, etc.);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: Six months to ten years;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. A normal sentence disadvantageous to the decision of sentence: The defendant is a number of crimes of the same kind;

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