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(영문) 춘천지방법원 2019.02.13 2018고단1293
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 September 21, 2018, the Defendant: (a) around 16:22, at the home of the victim D (the age of 57) located in B apartment C in Seoul Special Metropolitan City, the Defendant was unable to avoid disturbance by putting the stude in hand with the victim while drinking alcohol together with the victim; (b) and (c) on the part of the industrial knife (the total length of 24cm, 11cm) which is a dangerous object that was located far away from the victim’s house to return to the house from the victim, the Defendant puts the victim’s left knife in the industrial knife (the number of 7cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the records of seizure, the list of seizure, the victim photograph, and the photograph of criminal tools;

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;

1. 보호관찰 및 수강명령 형법 제62조의2 양형의 이유 피고인이 갑자기 공업용 커터칼을 휘둘러 피해자의 팔에 자상을 입혀 그 죄질이 불량한 점, 피해자는 길이가 약 7cm 가량 되고, 육안으로 보기에도 깊이가 상당하며, 11바늘이나 꿰메어야 하는 자상을 입어 그 상해정도도 가볍지 않은 점, 피고인이 폭력범죄로 처벌받은 전력이 다수 있음에도 이 사건 범행을 저지른 점 등은 피고인에게 불리한 양형 요소라고 할 것이다.

However, the factors of sentencing are considered as favorable to the defendant, such as the fact that the defendant seems to have recognized the crime of this case and reflect against the defendant, that the victim was able to take the action without wanting the victim's punishment from the beginning of the investigation, that the victim agreed in the future with the defendant, that the defendant transferred money to the victim and endeavored to recover from damage separate from the agreement, that the defendant has no record of being sentenced to a heavier punishment than the suspension of qualification for the defendant, and that there is no record of being sentenced to a heavier punishment than the suspension of qualification for the defendant, and other recommended special injury according to sentencing guidelines.

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