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(영문) 인천지방법원 부천지원 2018.04.13 2018고단524

특수존속상해

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

피고인은 2018. 3. 3. 12:55 경 부천시 C에 있는 피고인의 집에서, 술을 마시고 잠을 자려 던 중 아버지인 피해자 D(61 세 )로부터 술을 그만 마시라는 잔소리를 듣게 되자 격분하여, 피해자에게 “야 이, 개새끼야, 내가 술을 마시던 뭘 하던 상관하지 마 ”라고 욕설을 하고, 부엌에 있는 위험한 물건인 식칼( 총길이 30cm, 칼날 길이 19cm) 을 가지고 와 피해자의 배 부위를 찌르려고 하였고 이를 피하면서 막 던 피해자의 오른쪽 손바닥을 찔렀다.

In addition, the Defendant tried to put the victim's chest part on two occasions with a knife knife with the victim's chest, and then put the victim's left part of the victim's buckbucks, put two fraudulent cups in the kitchen on the face of the victim, and threaten the victim to put the victim in a knife.

As a result, the defendant used a deadly weapon to put about two weeks of medical treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

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

1. A report on investigation (Submission of a medical certificate for a victim) and a medical certificate;

1. Application of Acts and subordinate statutes to the scene of damage and photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Code is an act of inflicting a bodily injury on the defendant, which is an object dangerous to the defendant's own attachment, and the nature of the crime is not good, and the defendant's liability for the crime is not weak if it is considered that there was a danger that the defendant might not be brupted with any other serious consequence.

However, the fact that the defendant reflects the mistake, that the victim who is referred does not want criminal punishment against the defendant, and that the victim is the victim.