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(영문) 인천지방법원 2020.01.10 2019고단7821
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Seized knife No. 1 (No. 1) shall be confiscated from the accused.

Reasons

Punishment of the crime

【Criminal Power】 On September 29, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for committing murder at the Incheon District Court, and was released on May 2, 2017 and the parole period expired on July 24, 2017.

【Criminal Facts】

1. Around September 11, 2019, the Defendant suffered special injury: (a) on the street in front of Incheon Jung-gu, Jung-gu, Incheon, on September 11, 2019, knife knife (No. 1 and 20cm in length) that is a dangerous object for the reason that the victim D(57 years of age) went against his/her duty; (b) knife knife knife knife knife knife knife knife knife knife

2. On October 20, 2019, the Defendant: (a) around 21:15, on the street of the F parking lot located in Jung-gu Incheon, Jung-gu, Incheon, for the reason that the victim was under the influence of the victim G (57 years of age) and alcohol, and the face of the victim who was seated in the brue, was humd by hand, and the victim’s chest was pushed over by hand, thereby making it impossible for the victim to know of the treatment period; and (b) the victim’s chest cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Records of seizure and the list of seizure;

1. All on-site photographs;

1. Emergency medical services log;

1. Bodily damaged photo;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports on criminal records, personal confinement status, and application of each statute of the judgment;

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

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

1. One to thirty years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (special injury) types of defined violent crimes (i.e., special injury or repeated crime (type 1). Special injury or repeated crime (type 2) special person.

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