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(영문) 수원지방법원 안산지원 2017.09.01 2017고단2148

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and 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

The defendant and the victim C( South, 26 years old) are between the father living together.

On July 13, 2017, around 15:27, the Defendant was under influence within the dwelling of the Defendant, 202, a building D located in Ansan-si, a member-gu, Ansan-si, and was living in a ward. However, the Defendant was faced with the Defendant’s face and body by spreading the water in a water tank to the Defendant’s body, and then the Defendant was able to escape the victim.

“Along with the Defendant’s being pushed off, the Defendant was frightened to the Defendant, and the Defendant was frightened to the Defendant, and the Defendant was frightened with a kitchen blade (30cm in total length, 21cm in length) for the kitchen, which is a dangerous object in the kitchen beer in the kitchen, in mind that he was frightened to the victim, and the Defendant was frighted to the victim and the victim. The Defendant was frighted to put the Defendant’s arms and cut the knife of the knife in order not to put the knife the knife the knife in order to put the knife the knife on the knife and the knife’s head and the chest once every time to put the knife to the victim and put about about 2 weeks face of the victim, 5cm in the left chest part to the victim.

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 each prosecutor to C and E;

1. Each police statement protocol against C and E;

1. Police seizure records and list of seizure;

1. On-site photographs, photographs of seized articles, and photographs of damaged parts;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The sentencing criteria is not set for special injury (Article 258-2 of the Criminal Act) on the grounds of sentencing (the necessity of treatment order) under Article 48(1)1 of the Criminal Act (Article 48(1)1 of the Confiscation Criminal Act.

The crime of this case is a case where the victim knife knife, which is a dangerous object, laid on the part of the victim and the chest.