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(영문) 대구지방법원 포항지원 2018.05.03 2018고단170

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On January 5, 2018, 200:10, at the port of South-gu, the Defendant d'D' located in Nam-gu, Nam-gu, the Defendant expressed the Defendant’s desire to take care of the victim E (21 ) (21 ). On the ground that the Defendant expressed his desire to do so, the Defendant knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of each statute on photographs;

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. In light of the circumstances unfavorable to the reasons for sentencing under Article 48(1) of the Confiscation Criminal Act, namely, the form of a crime causing bodily injury by carrying knife knife, which is a deadly weapon, and by exercising violence, the punishment is determined as ordered in consideration of the following factors: (a) the victim does not want the punishment; (b) the victim does not want to have the criminal punishment; (c) the victim did not have any record of criminal punishment for the same kind of crime; (d) the victim has committed a wrongful act; and (e) the victim is taking advantage of the motive, means and consequence leading up to the instant crime; (e) the motive, means and consequence leading up to the instant crime; (e) the circumstances after the crime