beta
(영문) 대전지방법원 홍성지원 2019.10.29 2019고단462

특수상해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The Defendant, as a friendly relative of the victim B (the age of 50), resided in the house of the victim in the Chungcheongnam-si, Chungcheongnam-do, from around 2018 to around December 2018, the Defendant was designated as a basic living cost recipient after surgery at a hospital due to a dystyposis disease on December 2018, and received monthly basic living cost payment from the victim. As such, the Defendant had the victim manage the basic living cost account and received money from the victim whenever money is needed.

At around 01:20 on July 7, 2019, the Defendant demanded the victim who was divingd by entering the victim's room under the influence of alcohol at the victim's home, and demanded the victim to use money at the drinking price. However, the Defendant was refused to do so, and the knife (32 cm in total length, 18 cm in knife length) which is a dangerous object in the kitchen while disputing the body of the victim with the victim, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendant carried a knife knife, which is a dangerous object, and inflicted an injury on the victim, such as an external propoppy, which requires approximately four weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Statement made to D by the police;

1. Medical records, records of surgery, diagnostic records, medical certificates, medical records, etc., diagnostic certificates, surgery certificates, and written confirmation of entrance and discharge;

1. Application of the Acts and subordinate statutes to the crime attempted, kniff photographic photo, and the part of the bodily injury;

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

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

1. As the Defendant was under the influence of alcohol pursuant to Article 48(1)1 of the Confiscation Criminal Act, the situation at the time may not be forgotten. However, in full view of such circumstances as the content of the instant crime and the Defendant was under the influence of alcohol at the time, and the Defendant was not under the influence of mental illness.