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(영문) 울산지방법원 2020.02.13 2019고단4131
특수상해
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

At around 22:00 on October 2, 2019, the Defendant, while drinking alcohol, was sitting on the front side of Ulsan-gu, Ulsan-gu, Seoul-do, and found the victim C (at 57 years of age) who returned home, was towed by the victim's arms and head knife and knife the victim's knife and knife the victim's left knife and knife the victim's knife and knife the victim's knife, the Defendant knife knife knife knife knife knife knife.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Each report on internal investigation:

1. Each photograph;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

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. Determination of sentence: The punishment for a crime that is highly dangerous to mental or physical impulse suffered by a victim is not minor;

The sentencing factors favorable to the defendant, such as confession and reflectiveness, shall be reflected in the initial offense, and all the sentencing conditions, including the defendant's age, environment, motive, circumstance, etc., shall be determined as ordered.

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