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(영문) 광주지방법원 장흥지원 2018.05.03 2018고단28

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2018, the Defendant: (a) around 22:13, 2018, the victim C (56 years old) operated by the victim C (56 years old) in the South-Yung-gun, the Defendant: (b) took the 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 knife knife knife knife knife knife).

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, F, and G;

1. Application of Acts and subordinate statutes to report internal investigation (in case of a knife search by a suspect A), investigation report (in case of a knife search by a suspect A);

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing elements of the Defendant’s age, sexual conduct, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the pleadings shall be determined as ordered by taking into account the following factors:

The factors of sentencing in favor of the victim: The defendant recognized his mistake and reflects his mistake, the degree of injury suffered by the victim is relatively not much serious, the defendant agreed with the victim (unlimited to punishment) and the 100,000 won of fine by embezzlement in 191, there are no criminal records other than the punishment.

(1) Unfavorable sentencing factors: The knife, which is a dangerous object, and the body fighting has inflicted an injury on the victim while fighting the body, which is likely to lead to a serious danger to the life and body of the victim.