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(영문) 대구지방법원 포항지원 2019.08.29 2019고단211
특수상해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2018, around 01:00, the Defendant: (a) committed an external appearance of the victim under the building C, south-gu, Seoul, where the Defendant lived with the victim B (the age of 46) on November 22, 2018; (b) thereby threatening the victim as a food knife, which is a dangerous object in the said knife D; (c) made it difficult to identify the number of days of treatment when the victim’s head at one time due to an empty (the dangerous object in the said knife).

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Seizure records;

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

1. Article 62 (1) of the Criminal Act;

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 punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. The punishment shall be determined by taking into account the following circumstances: (a) the process and method of the determination of the sentence; (b) the period of the suspension of execution of violent crimes committed before the instant case; and (c) the fact that there was the history of punishing one time a fine; (d) the Defendant is against the mistake; (e) the victim is not wanting to be punished; (e) contingent crimes; and (e) the degree of injury is not heavy;

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