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(영문) 창원지방법원 진주지원 2020.04.07 2019고단1754
특수상해
Text

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

The defendant is a foreigner of Vietnamese nationality.

Around 14:30 on December 1, 2019, the Defendant collected a knife ( approximately 30 cm in total length, 17 cm in blades) which is a dangerous object in which the victim D(28 years of age) was flicked from the victim and flicked with the victim as a day on which the Defendant used the Defendant’s vinyl paper without permission, and inflicted an injury on the victim, such as a flife, flife and flife on the left side and flife of the knife, which require treatment for about 14 days on the left side.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical certificate of injury, such as photographs, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment 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. The offense of this case by which the sentence of sentence was rendered is the case where the defendant, while making a knife dispute with the victim at the time, has inflicted bodily injury on the victim, which is a dangerous thing, due to the reason that the defendant was making the knife

However, the defendant's mistake is recognized, and the defendant's title is from the victim.

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