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(영문) 창원지방법원 마산지원 2017.12.20 2017고단1106

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On June 28, 2017, the Defendant was sentenced to one year of a suspended sentence of six months for special injury in the Changwon District Court's Msan Branch's branch, and the judgment became final and conclusive on July 6, 2017, and is currently under the suspended sentence.

At around 08:30 on November 8, 2017, the Defendant inflicted injury on the victim D (43 cm) living together with the Defendant at the home of the Defendant, which is a dangerous thing in the chemical room ( approximately 24 cm in total length, approximately 12 cm in length), such as the victim’s right side, on one occasion, on the part of the Defendant, who suffered from approximately 2 weeks of mnife knife knife knife knife and knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. On-site and victim photographs and medical certificates (It is determined that the defendant was not in a mental or physical loss or mental or physical weakness due to drinking at the time of committing the instant crime);

Application of Statutes

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Considerations for the following favorable circumstances, etc.):

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant, in light of the risk, injured the victim, who is a dangerous object, during the period of suspended execution of the same crime, and the defendant shall not be held liable with severe responsibility.

However, the fact that the defendant is against the defendant and the victim is not punishable shall be considered as a favorable condition.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, health status, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered.