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(영문) 대구지방법원 경주지원 2017.02.15 2016고단557

특수상해

Text

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

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

Reasons

Punishment of the crime

At around 03:30 on July 11, 2016, the Defendant: (a) from the stairs going up from the 1studio C to the 2nd floor of the Defendant’s wife on the following occasions: (b) from the stairs sold in lots by the Defendant’s wife, the Defendant: (c) filled the damaged person in the hand hand of the industrial knife (8cm length) which is a dangerous object that is an industrial knife at the age of 25) that was disputed by the Defendant’s wife; (d) laid down the victim’s knife under the stairs; (e) laid down the knife of the victim’s knife with the knife knife knife knife knife knife knife knif on the left hand; and (e) laid down the victim’s knife knif in the process of industrial knif.

As a result, the Defendant assaulted the victim while carrying dangerous things, and inflicted bodily injury on the victim, such as beer's knee knee knee knee knee knee knee knee knee knee

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to photograph the 112 reported case processing table, damaged photographs, scene photographs of crimes, photographs of criminal tools, and CCTV-cape;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant inflicts bodily injury on the victim using a knife, which is a dangerous object, but the nature of the crime is not less than that of the defendant. However, the defendant is against the defendant, the defendant is simply agreed with the victim, the defendant has no record of the same crime, and all other factors of sentencing as indicated in the trial of this case are considered to be determined as the order.