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(영문) 인천지방법원 부천지원 2018.05.04 2017고단2855

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 13, 2014, the Defendant was sentenced to four months of imprisonment with labor for interference with business in the Incheon District Court’s Branch Branch, and completed the execution of the sentence at the Incheon Detention House on December 9, 2014.

[2] On August 11, 2017, the Defendant held an open room for the left side of the victim, which requires treatment for about 15 days, using a knife, a knife, which is a dangerous object, such as the left side of the victim D(50 years old) who drinks together, at a restaurant with a mutual name, without any reason.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. On-site and blade photographs;

1. A medical certificate;

1. Previous convictions in the judgment: References to inquiries, investigation reports (verification of the date of release of a suspect), copies of the judgment, and application of Acts and subordinate statutes on personal confinement;

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

1. Determination of punishment shall be made by comprehensively taking account of the following various factors, which are favorable to the defendant for the reasons for sentencing (the recognition of the crime of this case, the violation against the defendant, the injury suffered by the victim is not relatively heavy, the victim does not want the punishment of the defendant) under Article 53 and Article 55 (1) 3 (the circumstances that the defendant committed the crime of this case during the period of repeated crime due to violent crime, the fact that the defendant committed the crime of this case during the period of repeated crime, the fact that the defendant was punished several times due to violent crime, and the fact that the defendant has the history of punishment several times) of the defendant's age, sexual behavior, motive, method of the crime of this case, relationship between the victim and the defendant, and the circumstances after the crime, etc., and other factors that are the sentencing conditions specified in the records and arguments of this case.