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(영문) 의정부지방법원 2019.08.14 2019고단2573
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized knife (38cm in length, 8cm in knife) 1 knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 20:00 on June 17, 2019, the Defendant entered the “D” operated by the former female-friendly job offers victim C (W, 55 years old), and was under influence of alcohol, without any justifiable reason, inflicted an injury on the victim’s chest by the head part (other than 39cm in total length, 8cm in Dog) of the hand b (8cm in Dog) with the head part (other than Doggg) of the victim’s head part (8cm in Dogg day), which was a dangerous object in advance and was in possession of the victim’s head, and caused an injury to the victim’s chest for about 14 days on the left side.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs and the reproduction of damage;

1. Investigation reports (attached to 112 Reports);

1. Application of Acts and subordinate statutes to an investigation report;

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. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. The defendant shows the appearance that the decision of sentence is against the defendant.

However, it is highly dangerous that the article carried at the time of the crime of this case is in itself, and its illegality is very dangerous.

In addition, even in around June 2018, the Defendant was charged with assault by making several times with the victim who had attended the police at the time, and was subject to a disposition that the victim did not want to be punished and was subject to a disposition that is not subject to prosecution, and several times after the victim was hedging on June 6, 2019.

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