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(영문) 의정부지방법원 2018.01.30 2017고단5181

특수상해

Text

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

Reasons

Punishment of the crime

On November 16, 2017, the Defendant, at around 23:50, 23:50 neighboring D’s apartment in Sacheon-gun, D, with the above D and the victim E (n, 59 years of age), dump hump humbling the phone from the injured while drinking alcohol, and dumped it by “I hume without permission, this hume” and dump (the total length of 31cm, 18cm in length) that was dangerous on the part of the injured party’s hump, hump humbling the head of the injured party, and cut the above knum on the part of the damaged party’s hume one time with a large knife.

As a result, the Defendant carried dangerous objects with the victim about seven days of treatment, and put the victim into a neck, which requires treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. On-site photographs, photographs of criminal tools, photographs of victims, and the list of reported cases;

1. Police seizure records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the degree of injury of the victim, the fact that the defendant was not guilty of violence, the defendant was not guilty of violence, and the crime of this case is contrary to the recognition of the crime of this case) seems to be that the crime of this case was committed not only the risk of the crime but also the shock of the victim as it was done on the part of the damaged person's knife and knife the knife one time on the part of the damaged person.

However, the punishment shall be determined in consideration of the fact that the degree of injury of the victim is not severe, that the defendant has no record of violence, and that the defendant is against the crime of this case.