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(영문) 수원지방법원 여주지원 2018.10.10 2018고단769
특수상해
Text

A defendant shall be punished by imprisonment for two years.

One knife (No. 1) for office work seized shall be confiscated.

Reasons

Punishment of the crime

On July 14, 2018, around 21:15, the Defendant: (a) while under the influence of alcohol with the victim E (54 cm) in the state of Isoncheon-si, E, the Defendant took a knife a knife with a deadly weapon (15cm in total length, 4.5cm in length), which was in possession of the backer knife, carried a knife with the victim’s left eye on one occasion in that knife.

As a result, the Defendant carried a deadly weapon and inflicted an injury on the victim, such as an unknown malmar in which the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A copy of a medical certificate or medical record;

1. Application of the investigation report (CCTV) and CCTV image photograph Acts and subordinate statutes;

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

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

1. The scope of punishment by sentence: Imprisonment for one year to ten years;

2. The scope of sentences recommended on the sentencing guidelines [the scope of recommendations] the weighting area (one year to three years) of the aggravated area (one year to three years) of special injuries and repeated offenses (excluding special aggravated persons).

3. Although the Defendant has changed to the effect that the instant crime was committed under the influence of alcohol, it is a contingent act, the circumstances leading up to the instant crime are the same as the Defendant’s statement.

Even if the victim's real name is highly likely, it is inevitable to severely punish the victim because the result of the damage is very severe.

There is no record that the accused is against the crime and has been punished for more than the fine.

The defendant's age, sex behavior, environment, background of the crime, circumstances after the crime, relationship with the victim, etc. shall be determined in accordance with the order.

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