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(영문) 서울남부지방법원 2021.01.13 2020고단4807
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 13:00 on June 19, 2020, the Defendant: (a) discovered letters suspected of having the winded by the victim in the process of confirming the smartphone of the victim D (n, 48 years of age) at the victim’s dwelling room B and C, Gangseo-gu Seoul Metropolitan Government on June 19, 2020; (b) opened the victim’s left-hand bucks, right-handbucks, and the left-hand side of the victim’s face and head at hand; (c) opened the victim’s body and the part of the victim’s bridge in hand; (d) opened the victim’s body and the part of the bridge, which are dangerous things in the main bank, at approximately 13 cm in length, and approximately 23 cm in total length; (e) opened the victim’s left-hand buck, right-hand fucks, knick on the left-hand side of the victim; and (e) opened the left-hand kbuck.

2. A special intimidation Defendant, as mentioned above at the date, time, and place mentioned in paragraph 1, inflicted an injury on the victim, and then knife the knife ( approximately 27 cm in length, approximately 40 cm in total length), which is a dangerous object under the supervision of the bed, without the subject of appraisal, and knife the victim’s death.

As such, the victim was threatened, such as sticking a knife on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinions on seizure of the police statement protocol against D and the application of photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 258-2(1), 257(1) (a) of the Criminal Act (a point of special injury), Articles 284 and 283(1) (a) of the Criminal Act, and choice of imprisonment with prison labor for a crime of special intimidation

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) 1 offence (special injury).

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