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(영문) 창원지방법원 거창지원 2018.01.24 2017고단356

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

In around 18:40 on September 8, 2017, the Defendant collected the victim C (72 knife) and the victim D (62 years of age) from his residence, on the ground that: (a) the Defendant expressed the victim’s desire to “Chewing flife, flife, flife,” and (b) flife the victim’s knife at one time; (c) the victim’s knife the knife’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

As a result, the defendant threatened the victim C by using dangerous things, and put the victim D to the degree that the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. A police seizure list;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs);

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 each choice of imprisonment with prison labor;

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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the defendant recognized the crime and reflects his mistake; (b) the victims do not want the punishment of the defendant upon agreement with the victims; and (c) the defendant has no past record of punishment for any particular punishment for five years; (d) the defendant's age, sex, occupation, and environment favorable to the defendant; and (e) the age, sex, occupation, and environment of the defendant.