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(영문) 전주지방법원 남원지원 2019.03.26 2018고단304
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the relationship between the victim B (the age of 67) and C elementary school 15.

On August 29, 2018, the Defendant: (a) 10,000 won per person from the members to walk the bus to the article operating the bus during a meeting with the members of the said alumni association on August 29, 2018; and (b) 10,000 won per person from the members to return the walking money to the members; (c) and (d) franchis with the victim as the date of a draft.

On the other hand, the victim was able to take a retaliation against the victim in the idea that he was disregarding himself.

The defendant, around 19:04 on the same day, found in the house of the victim in South Won-si D, resisting that the victim was sponsed by himself/herself, and is punished for a dispute.

In other words, there is a excessive (11 cm in length) that has been located in the main bank and threatens the victim and the victim.

The victim left the toilet by cutting his excessive width and throw away it into the toilet, and again took a kitchen knife (25 cm in length), which is a dangerous thing that he had to go to the kitchen, and the victim had approximately five days of treatment, and the victim had an open room on the right eye that needs to be treated for about five days.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. B written statements;

1. Protocol of seizure and list of seizure (No. 5 and 6 No. 5 of the evidence list);

1. Requests for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Article 62(1) of the Criminal Act (hereinafter “the grounds for the suspended sentence”), which is favorable to the defendant, is considered as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes; and

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