beta
(영문) 춘천지방법원 영월지원 2016.05.03 2016고단59

특수상해

Text

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

One knife knife (No. 1) for bulk use seized shall be confiscated.

Reasons

Punishment of the crime

From November 2014, the Defendant saw the victim D (66) at the house located in Gangwon-gun C, Gangwon-gu, Seoul, with frequent disputes with the victim due to drinking and noise problems. On February 6, 2016, the Defendant reported that the victim was boomed, and subsequently, there was a dispute with the victim. On February 22, 2016, the Defendant argued that the victim was reported with the victim and the above reported at around February 22, 2016.

On February 23, 2016, at around 07:30, the Defendant entered the victim's room with a multi-use knife (one knife knife knife 6.5 cm), which is a dangerous object that he had been kept in custody, and followed the victim's knife knife with other victim's knife knife knife knife knife with the victim's left part with a multi-use knife knife knife knife knife knife knife knife., the Defendant continued to knife the victim's left side knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made with respect to D, E, and F;

1. Each protocol of seizure by the police;

1. Each report on investigation;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. In full view of the circumstances following the reasons for sentencing under Article 48(1)1 of the Criminal Act, and other various factors of sentencing as indicated in the records of the instant case, including the Defendant’s age, sex, environment, motive, background, means, methods, and outcome of the instant crime, and the circumstances before and after the instant crime, etc., the sentence shall be determined as ordered by the disposition.

Unfavorable circumstances - The tools and methods of committing the instant crime are very dangerous - the circumstances that are favorable to the victim - there is no criminal record exceeding the fine in favor of the victim - the Defendant is against the instant crime.