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(영문) 의정부지방법원 2017.07.14 2017고단1297

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 is between the victim C(31) and the victim C(31) for three years.

On March 4, 2017, the Defendant, within 114 Dong Dong-dong 304 and 304 of E apartment house 114, which is a residence of the victim in Do-si, the government around 04:00, and the Defendant, during the past abortion and women's problems, brought an injury to the victim's chest with a knife (30cm in length) which is an object dangerous to the Defendant's ownership, and suffered an injury, such as a knife knife, on the number of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. A report on investigation;

1. Application of Acts and subordinate statutes to medical certificates, damaged photographs, etc., and photographs of victims;

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

1. In the case of the instant crime for the reason of sentencing under Article 48(1) of the Criminal Act, the sentencing guidelines set by the Sentencing Committee cannot be applied directly, and thus, the sentencing guidelines shall not be applied. However, the sentencing factors and some of the recommended sentencing factors set forth in the sentencing guidelines shall be taken into account.

In light of the fact that the crime of this case is highly dangerous, and the result of serious injury to the victim is likely to occur, it is necessary to strictly punish the defendant.

However, in light of all the circumstances, including the confession of the criminal defendant, the fact that the injured person does not want the punishment of the defendant in agreement with the injured person, the fact that there is no record of criminal punishment in addition to the punishment of a fine once for the crime of this case, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered by the order.