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(영문) 대구지방법원 상주지원 2017.08.08 2017고단293

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 6, 2017, around 21:30 on 21:30, the Defendant thought that the Defendant was not a member of the Victim E (58:3) at the “D Multilater,” and that the Defendant was not a member of the Victim E (58:30) at the other location, he considered that the Defendant was not a member of the Victim E;

As a result, the sound, such as "the death and discarded," has knife the body and body of the victim E with each other and knife it into the floor, and knife the knife (28.5 cm in total length, 15.5 cm in knife) which is a dangerous object previously possessed, and knife the part, such as the left side of the victim E, has reached knife one time, and had been in place.

F and the victim G (V, 54 years old) laid down the knife of the Defendant’s knife and knife, which is a dangerous object, in order to take the knife of the Defendant’s knife.

이로써 피고인은 위험한 물건을 휴대하여 피해자 E에게 근육 봉합수술 후 약 3 주간의 안정 가료가 필요한 등 근육 및 힘줄의 손상, 자창을 가하고, 피해자 G에게 봉합수술 후 약 3 주간의 안정 가료가 필요한 좌측 손목 및 손 부위의 엄지손가락의 내인성 공소장에서는 ‘ 내이 넝’ 이라고 기재되어 있으나, 기록에 의하면 이는 ‘ 내인성’ 의 오기 임이 명백하므로 정정 기재한다.

The damage and heat of nearby land and power lines was caused by damage and heat.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by each prosecutor to G, F, and E;

1. Statement made by the police with H;

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

1. Each investigation report (No. 4, 14, 19, 20, 24 through 28, 30, 40, 44)

1. Each written diagnosis;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on the spot and survey pictures;

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

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 (the following sentencing) provides for suspension of execution.