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(영문) 의정부지방법원 2018.04.12 2018고단563
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 1 of the evidence seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On February 12, 2018, the Defendant discovered that “D” in the “D” in the business center located in the Gu-si Seoul around 18:25 on February 12, 2018, the Victim E (15 years) was smoking along with the same day, and the Defendant Daced the victim “I am smoking at this place, and I am going outside, and I am am.” However, the Defendant Daced the victim.

The Defendant displayed the Defendant’s knife knife knife knife knife (22cm in total,9cm in knife knife knife knife knife knife knife knife knife knife knife).

Accordingly, the Defendant carried a “hazardous thing” and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, H, and I;

1. On-site photographs, records of seizure (voluntary submission), and list of seizure;

1. Application of investigation reports (verification, etc. of the status of victims by the head of J Hospital);

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

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 according to the sentencing guidelines: Where the victim is also liable for the occurrence of a crime or the expansion of damage, even though the mitigation area (one year and six months from June to two years (the scope of the recommended punishment), one year and six months from the date of imprisonment, and two years and six months (the period of habitual injury, repeated injury, and special injury).

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under one year and six months of imprisonment.

A extenuating circumstances: The degree of injury of the victim is not easy, the damage is not recovered, and the circumstances favorable to the fact that there are many violent crimes: the confession of the crime of this case, the fact that the victim who is a student is smoking tobacco in the indoor space, and the defendant is found.

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