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(영문) 대구지방법원 김천지원 2017.04.25 2017고단93

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 January 7, 2017, the Defendant: (a) around 01:30, the Gumi-si B building; and (b) the Defendant’s house at the Defendant’s office, under the influence of alcohol, had an open top of the double wall with which the victim’s knife’s knife could not be known to the victim, and the part of the knife, which is a dangerous object on the tables, was in dispute with the Victim C, which was a knife at the bar of the Defendant’s office.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Seizure records;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Persons who are not subject to punishment in the mitigated area (one year and six months from June to two years), including the mitigated area (one year and six months from the date of special mitigation) of Class 1 (Habitual injury, repeated injury, special injury and special injury) of habitual injury, and repeated offense;

2. The Defendant sentenced the sentence once a road to the fife part of the fife victim.

The crime of this case is one of the most dangerous crimes that may cause the death of the victim.

However, the defendant is against the law.

The Defendant appears to have committed the instant crime in a contingent manner in the course of disputing with the victim.

After committing the instant crime, the Defendant voluntarily reported 119 and took emergency measures for the victim’s relief.

Even after the crime of this case was committed, the Defendant seems to have been living together with the victim until now.

Defendant has no record of criminal punishment for violent crimes.

The defendant agreed with the victim, and the victim does not want the punishment of the defendant.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.