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(영문) 창원지방법원 통영지원 2018.08.22 2018고단621
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 24, 2018, the Defendant: (a) discovered the Defendant’s wife D and the Victim E together with the Defendant’s wife D on March 24, 2018 at C; (b) accused the Defendant; and (c) brought about the Defendant an injury to the victim, such as a fluor, a deadly weapon, which is placed on his table (20cm in total length, 10cm in length on a knife) one time, with a deadly weapon (10cm in length) located on his table at that place.

2. The Defendant damaged special property: (a) at the time, at the place, as described in paragraph 1, the damaged person, etc. as described in paragraph 1; (b) discovered a F knife vehicle parked by the victim at that place; and (c) set three knife of the above vehicle in transition (20cc in total length, 10cc in knife length) as a dangerous object carried by the victim; and (d) damaged the knife by walking the knife while walking the knife so that the knife can be damaged by the repair cost of 1180,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. On-site and photographs of damaged articles;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to excessive photographs used by the person under investigation for committing the crime);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One year to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be [the scope of the recommended punishment] habitually, repeated crimes, and special damage (Habitual, repeated crimes, special damage, etc.) in the area of special mitigation (two months to ten months) / [the special mitigation factors], the motive for committing the crime for which the sentencing guidelines are not set, the special injury for which the sentencing guidelines are not set for which the punishment is not set, and the special injury for which the sentencing guidelines are not set, and the lower limit of the recommended punishment shall be considered in relation to the concurrent crimes under the former part of Article 37 of the Criminal Act.

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