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(영문) 인천지방법원 2018.04.18 2018고단1289

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On May 14, 2014, the Defendant was sentenced to six months of imprisonment by the Incheon District Court for a violation of the Road Traffic Act (drinking driving), and completed the execution of the sentence at the original prison on May 13, 2015.

[2] On January 11, 2018, at the defendant's house located in Yeonsu-gu Incheon Metropolitan City C and 202 around 14:40 on January 11, 2018, the defendant, while talking about the defendant's female problems, he brought about the victim's knife knife (80 cm in length, 40 cm in diameter) located in alkinium, which is a dangerous object, on the ground that the victim's knife 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 carried dangerous things with the victim and inflicted an injury on the victim, such as an open two feet, which requires an open treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report on, and photographs of, a case of special injury;

1. An investigation report (receiving a medical certificate of injury), two copies of the medical certificate of injury, and a report on investigation (report in the currency of a doctor of the E hospital);

1. A report on investigation (to hear statements by a reporter) and a report on recording;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (prior confirmation) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Determination of the same sentence as the order shall be made by comprehensively taking into account the following circumstances for sentencing under Articles 53 and 55(1)3 of the Criminal Act, including the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method, circumstances after the instant crime was committed, etc., and the conditions of sentencing as shown in the trial process.

D. Unfavorable circumstances: The degree of injury suffered by the victim due to the crime of this case is not easy.