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(영문) 수원지방법원 2018.06.27 2018고단2361

특수상해

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 16, 2018, the Defendant used a knife knife (27cm in total length, 15cm in length) that was dangerous in the kitchen while drinking alcohol together with D(65cm) to neighboring parties who live in the same apartment, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

As a result, the defendant carried dangerous things with the victim about four weeks of treatment, and put up the face side, the body body, the body body, and the body body, etc. of the victim in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Photographs of the victim;

1. On-site photographs;

1. Seizure records;

1. Application of the Acts and subordinate statutes governing the report on the settlement of 112 cases;

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. Order to attend lectures and to observe the protection and observation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year to ten years;

2. According to the sentence decisions, the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, family relationship, family environment, motive and means of crime, and circumstances after the crime, shall be determined as ordered by the sentence.

D. Unfavorable circumstances: The degree of injury suffered by the victim is not easy, and the act of causing bodily injury to the human body in the kitchen knife and taking a person's hair by the main illness is highly likely to be criticized: contingent crimes are committed in prison, the injured person does not want the punishment of the defendant, and the defendant shows his attitude of seriously against the defendant by agreement with the victim, the defendant is old, the health of the defendant is not good, and there is no record of punishment exceeding the fine.