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(영문) 대구지방법원 영덕지원 2019.01.09 2018고단199
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

On September 9, 2018, at around 06:00, the Defendant discovered the victim B (the 44 years of age) at the high beach parking lot located in the Young-gun Saeong-gun Saeuk-gun Saeuk-gun Saeak-gu Sari, and brought a dispute at late night. The Defendant left the victim's head one time with a knife (the total length of 33 cm) which is a dangerous object at the between the car trokes.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. A report on the occurrence of an injury, a report on internal investigation, and a report on the internal investigation;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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

2. The scope of the recommended sentencing guidelines according to the application of the sentencing guidelines (the scope of recommendations), the basic area (six months to two years) of the type of special injury, repeated crime and injury (the special injury).

3. Determination of sentence shall take into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the commission of the crime, and all sentencing factors indicated in the pleadings of this case, including the circumstances after the commission of the crime, and the sentence shall be determined as ordered and the execution of the sentence shall be suspended on condition that the community service order is faithfully observed.

The crime of this case was committed in a knife with a knife, which is a dangerous thing of the defendant, and the nature of the crime was serious, the victim's upper part was relatively long, and necessary to be knife, and the victim continuously wanted to punish the defendant.

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