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(영문) 광주지방법원순천지원 2020.11.27 2020고단361
특수상해
Text

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

A seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On January 25, 2020, the Defendant: (a) around 22:45, 2020, around 22:2:45, the Defendant got out of B apartment C and D (the age of 51) a person related to de facto marriage; (b) did not hear any answer; (c) did not call out the victim; and (d) followed the victim by one hand, followed the victim by a food knife (the total length of 33 cm, the length of the day 21 cm) that is an object dangerous to the other hand, and followed the victim by one knife, the head-mix that requires treatment between approximately two weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. A report on internal investigation (attaching a table for handling reported cases);

1. On-site photographs, report on internal investigation (Attachment of field photographs), and on-site photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury [Type 1] Special injury [Special Bodily Inflicting Person] - mitigated elements: Reduction area of punishment [the scope of recommendation area and recommendation type], mitigation area, imprisonment for four months to one year [the scope of recommendation punishment revised according to the applicable sentencing range], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for not less than eight months and the degree of injury of a victim shall not be deemed to be minor;

It is also disadvantageous to the fact that it is possible to take violence as well as suspended sentence.

Although the victim does not want the punishment of the defendant, it is judged that the sentence is inevitable.

However, it is recognized that the defendant's mistake and reflects it, and it is the victim.

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