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(영문) 대구지방법원 포항지원 2020.05.13 2020고단176
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

A. The Defendant, who was the victim of the crime, was married in 192 and divorced in 2018, but actually maintained a matrimonial relationship while living together.

Around 12:45 on January 24, 2020, the Defendant: (a) stated the victim C (the 58-year old) as “packer, the end of the stalth,” and (b) sought a knife (the knife, the knife length of the knife) which is dangerous in the Defendant’s room; (c) tried to drive the part of the knife of the victim’s clothes by driving away the victim into the inside, and caused the victim’s injury on the left part of the 4-year left part of the knife requiring approximately two weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. 9 copies of each report and photograph; and

1. Reporting on investigations and decision on ad hoc measures;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 for discretionary mitigation;

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

1. Probation under Article 62-2 of the Criminal Act;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. The crime of this case by which the sentence of sentence was pronounced was committed shall be charged with wounding the knife.

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