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(영문) 광주지방법원 2017.08.09 2017고단2398
특수상해
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

A knife knife knife knife knife knife knife

Reasons

Punishment of the crime

On June 3, 2017, the Defendant: (a) around 19:30 on the Seo-gu, Seo-gu, Gwangju; (b) around 16:00 on the day on which the Victim D (n, 57 years old) was operated with people, including the victim, and (c) lost money while making a high saw sawbling, etc.; and (d) with a knife knife (the total length of 30cm, 17cm in length in the knife) dangerous at the Defendant’s home, and with the victim “nife Handphone.”

“In the face of the water, the part, such as the victim, was raised once by the knife, and the left part of the knife requiring approximately two weeks medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, F, and D (one time, two times);

1. Seizure records;

1. Investigation report (to hear statements from a victim by telephone);

1. Reports on internal investigation (related to non-verification of diagnosis certificates and residential CCTVs, details of seizure of crime tools, etc.);

1. Response to a request for appraisal;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to photographs of criminal tools, victims, and field photographs;

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

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

1. The sentencing guidelines are not set. 2. The sentencing guidelines are not set: the sentencing conditions set forth in the arguments of this case, such as the defendant's age, sexual conduct, environment, circumstances after the crime, etc., and all the sentencing conditions set forth in the arguments of this case, in consideration of the following circumstances: imprisonment with prison labor for a year and six months;

The favorable circumstances: It is only a history of punishment of a fine for a minor crime, and there is no record of criminal punishment for a violent crime.

It is not a planned crime but a contingent crime.

The disease, such as the existence of alcohol earned by the defendant, is likely to have somewhat influenced the crime of this case.

The crime has been led to confession, and the mistake has been divided.

The health status of defendants is not good.

The Defendant’s children wanted to take the Defendant’s wife.

In this case, the defendant's knife at home without any particular reason while drinking.

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