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(영문) 춘천지방법원 원주지원 2020.02.06 2019고단1305

특수상해

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a year.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

1. On August 31, 2019, Defendant A: (a) around 20:25, the Defendant: (b) funched the knife (34cm in total length, 21cm in knife length), which is a dangerous object in the kitchen, under the influence of alcohol at the home of the Defendant’s home; (c) funched the victim B (61cm in length) living together (61cm in one time; and (d) funched the victim with approximately six weeks of treatment. The Defendant inflicted an injury on the victim, funched funch, etc., which is open within a chest func

2. Defendant B, at the time and place indicated in paragraph (1), suffered injury as above from the victim A (n, 39 years of age), and the above knife, which is a dangerous object cited by the victim, was deducted from the knife, thereby causing injury to the victim, such as fnife in the treatment days, and fnife shock, etc., three times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Report on the occurrence of the case;

1. Records of seizure and the list of seizure;

1. Field photographs, etc.;

1. A report on investigation (Attachment of a medical certificate);

1. Application of Acts and subordinate statutes to report internal investigation (field conditions, etc.);

1. Defendants of relevant legal provisions concerning criminal facts: Articles 258-2 (1) and 257 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Confiscation Defendant B: The reason for sentencing under Article 48(1)1 of the Criminal Act is highly likely to commit the instant crime, and the occurrence of the result also is not easy.

However, the Defendants reflect in depth the crime of this case.

Furthermore, Defendant A appears to have committed the instant crime by contingency while under the influence of alcohol, and Defendant B appears to have committed the instant crime by setting a knife against the knife without good cause from Defendant A, and there are some circumstances that can be considered in light of the developments of the instant crime.

In addition, the defendants do not want criminal punishment for each other, and are living together even after the crime of this case.

In addition, the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the result of the crime.