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(영문) 수원지방법원 성남지원 2018.07.18 2018고단1120

특수상해

Text

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

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

Reasons

Punishment of the crime

On February 22, 2018, the Defendant: (a) was a victim D (43) who was living in the next house while intending to be a director of C, who is located in the front of Sungnam-si, Sinnam-si B, Sungnam-si; (b) around 19:35 on February 22, 2018, and was living in the next house, and (c)

For the reason that the victim said that he/she was aware that he/she had a dispute with the victim, he/she suffered an injury to the victim’s left chest part of his/her chest on one occasion by a knife, which is a dangerous object on the road where he/she had been living.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E, D, and F;

1. The application of Acts and subordinate statutes to a response to a request for appraisal, legal safety appraisal;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: A sentence the same as the order shall be determined by taking into account the following factors: (a) the nature of the crime is not good in light of the implements and methods of the crime; (b) the degree of injury is less favorable: agreements with the victim; (c) the confession and reflects are made; (d) there is no record of the crime exceeding the fine; (e) contingent commission of the crime; and (e) the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime;