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(영문) 광주지방법원 목포지원 2017.08.10 2017고단280

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 22, 2017, the Defendant: (a) at C’s main points located in Sinpo City B around 18:10 on January 22, 2017; (b) on the ground that the Defendant was driving away from his house and did not open his house on the ground that he did not do so unlike his promise; (c) was dissatisfied with the Defendant’s complaint; (d) found the victim D (V, 43 years of age); and (d) led the victim to drive away from his house.

“In accordance with the purport, the victim’s left side bucks twice with a knive hand, and forced the victim to take booms (30cm in total, 20cm in length on the day), which are dangerous objects that the victim had been snicked in order to breath, and then the victim’s left side part of the victim’s ship was knicked with a knife with a knife, thereby preventing the victim from taking this part of the victim’s ship. The victim knife knife knife the knife and knife the other parts of the victim’s hand, which require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs, damaged photographs, and written diagnosis of 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 to mitigate small amount;

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

1. Although the Defendant was sentenced to a fine on three occasions due to the crime of injury, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing indicated in the record, including the following: (a) the degree of injury of the victim is relatively minor; (b) the Defendant led to the confession and reflect of the instant crime; and (c) the Defendant agreed with the victim.