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(영문) 창원지방법원 마산지원 2021.01.27 2020고단1166
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

On October 3, 2020, at around 22:15, the Defendant, while drinking together with the victim C (son, 49 years of age) who was working in the Defendant’s residence located in Changwon-si, Changwon-si, Masan-si, and was suffering from injury, such as other damage of waste, having an open upper part of the victim’s left side of knife within the chest 6 weeks of medical treatment, and having a knife, having heard the examination of the Defendant’s female relations from the injured party, while disputing each other ( approximately 21cm in total length, approximately 11cm in length of the knife).

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Reporting case handling lists, seizure lists, photographs of damaged victim parts, crime tools photographs, site photographs, and diagnostic reports;

1. Application of Acts and subordinate statutes to investigation reports (the state after surgery of a victim and confirmation of whether a victim has an intention to punish);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act related to the crime as to the mitigation of small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence that sets the sentencing guidelines on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act: The opinion of the prosecutor from six months to two years (not to be punished and to be injured): Imprisonment with prison labor for a period of one year and six months (the principal sentence): The act of the defendant, including the act of entering the knife of two years of suspended sentence for a ten-month period, was serious;

However, the defendant is recognized as committing a crime and is against the law.

statement is made.

Damage victims do not want punishment.

There shall be no record of punishment, except for those sentenced once a fine is sentenced.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, background, circumstances after the crime, etc., shall be determined as per the order.

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