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(영문) 대전지방법원 천안지원 2020.04.17 2019고단2871
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 became final and conclusive.

Reasons

Punishment of the crime

At around 23:30 on September 2, 2019, the Defendant: (a) called the victim D(W), living together with the victim D, living together with the victim D, 58 years old; and (b) brought about a dispute with the victim, and (c) took place with the victim, the Defendant: (a) took away the victim’s title by gathering excessive (13 cm in length on a knife) dangerous things in the main bank; (b) took away the victim’s left hand, and (c) took part in the victim’s injury, such as a knife, a knife, a knife, and an open knife of the victim’s knife, for about one week medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of statutes governing the table of on-site photographs and 112 reported cases;

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

1. Sentencing Criteria (Scope of Recommendation) : Type 1 (Special Bodily Injury) (4-1 year) (special mitigation) of the mitigated area;

2. The Defendant rendered a sentence of sentence: (a) took the victim’s timber with excessive roads and inflicted an injury on his/her grandchildren; and (b) in light of the foregoing attitude of the above act, the risk of the crime is very high.

However, the defendant recognizes his mistake and is against his will.

The victim expressed his intention that he does not want to punish the defendant.

No person shall be subject to criminal punishment, except for the four times of a fine for alien species.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.

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