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(영문) 인천지방법원 2021.02.24 2021고단262
특수상해
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2021, at the defendant's house located in Seo-gu Incheon, Seo-gu, Incheon around 20:10, the defendant raised a complaint that "it is economically difficult to gather the mother's child" while drinking three alcoholic beverages, such as the victim C (the remaining and 61 years old) who is a military motive, and whether the victimized person can speak about the father's parent.

“Ching the horses of trees, the head of the body was laid down, and the victim was laid down at the price of the head, but rather, the victim’s force was pushed down on the floor of the living room, which was a dangerous object in the kitchen singing knife (20.5cm in length on the knife, 33cm in total length) and threatened the victim with a knife at any time.

The defendant continues to see the knife with the knife without the container from the damaged person.

“Around six weeks of 100, the victim suffered from a brupted sof that the victim’s chests were sounded, and the victim’s chests were knicked at one time, so that the victim’s chests cannot be attacked by the victim’s left knife, and the heart is cut off and the part above the heart, and the victim suffered from an injury, such as an open upper part of the 8cc length of a chrode wall, the right side heat, the knife, the knife, the knife, the knife, the knife, and the knife.

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

Summary of Evidence

1. Application of the Act and subordinate statutes to search and report (Evidence No. 16, 17) a copy of the protocol of seizure of police statements against the defendant's legal statement D, on-site photographs of the list of seizure, evidence photographs, and photographs of damaged parts (Evidence No. 7, 10, 20, 23)

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 suspended execution;

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 criteria (a type of determination).

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