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(영문) 대구지방법원 2016.11.03 2016고단4121

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 12, 2016, the Defendant, at around 06:00 on August 12, 2016, filed a dispute with the victim C (n, 23 years of age) living together at the defendant's house located in Busan Metropolitan City B building 308 and the victim's body was frightened to the defendant's clothes, and the defendant's body was dangerous to be clicked to the defendant's knife (30cm in total length, 17.5cm in blade length). During that process, the victim's right knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried dangerous things and damaged the victim's property at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes to each investigation report (as to photographs of food knife, damaged clothes taken, photographs of knife knife knife knife knife knife knife knif

1. Articles 258-2 (1), 257 (1) (a point of special injury), 369 (1), and 366 (a) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is against the depth of the defendant; the victim first committed the instant crime in the course of dispute with one another, such as the victim's clicking, etc.; taking into account favorable circumstances such as the defendant's age, character and conduct, environment, relationship with the victim; the victim's motive and background; the means and consequence of the instant crime; and the conditions for sentencing as indicated in the trial process, such as the circumstances after the crime, etc., shall be determined as ordered by considering the following factors.