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(영문) 인천지방법원 부천지원 2019.11.29 2019고단661
특수상해등
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

[2019 Man-Ma661] On January 2, 2018, the Defendant, at the Defendant’s house located in the “Btel of Ansan-si, Ansan-si, Masan-si Btel C, the victim D (the age of 19) who is a related person, suspected of his male relationship, inflicted an injury on the victim, who was a dangerous object (the total length of 29cm, 17.5cm) with a knife knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

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

[2019 Highest 2137] On February 26, 2019, the Defendant assaulted the victim at least six times, while the police officer called out upon receiving 112 report while the Defendant’s friendship H and the victim I (the age of 22) were waiting for each other in the G Nos. 204:20 on February 26, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against the defendant, D, and H;

1. Statement of the police officer to I;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the spot and photographs of damaged parts, 112 reported case handling table, and damaged photographs;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment with labor);

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

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. Probation under Article 62-2 of the Criminal Act;

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

1. Scope of applicable sentences under law: Six to six years of imprisonment;

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

(a) Crimes No. 1 (Special Bodily Injury) (Determination of type) and violent crimes; and

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