beta
(영문) 의정부지방법원 2018.06.22 2018고단1645

특수상해

Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On March 9, 2018, 2018, the Defendant: D'D in Sacheon-gun C, Sincheon-gun, Sacheon-gun, the Defendant called the victim F (58 years of age) who was a four-way ship ship, and was in his body fighting with E and Sin-si due to the smoking problems in the billiard. The Defendant put the victim's face part of the victim's face, knife, which is a dangerous object on the knife, and the victim's face part of the victim's knife, which is a dangerous object on the knife, was knife and the victim's number of days of treatment cannot be identified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. On-site and victim photographs;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Order and Article 62-2 of the same Act, and Article 59 of the Act on the Protection and Observation, etc. are the defendant, who is a dangerous object, attacked the victim’s face-to-face and the victim’s face-to-face rank. In light of the means and methods of committing the crime of this case, the crime of this case is plebling and highly

However, there is no history of punishment for the same kind of crime in the past, and there is no history of criminal punishment except for the punishment for each fine in 2001 and 2005, and there is no history of criminal punishment for the victim by agreement with the victim, and the victim does not want to be punished for the defendant by agreement with the victim, and the damage suffered by the victim was partially recovered under the pretext of agreement.

In this context, the sentencing conditions and sentencing guidelines as shown in the records, such as the defendant's age, sex, environment, motive of the crime and circumstances after the crime, etc. (the basic area: between April and June (the mitigation factors: the mitigation factors): the mitigation factors, the aggravation factors: deadly weapons and others.