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(영문) 인천지방법원 2016.06.16 2016고단2141

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

On December 4, 2015, around 20:15, the Defendant, at the main point of “C” located in the Southern-gu Incheon Metropolitan Government B, was dissatisfied with the victim D (42 3), E, and F, who is a workplace partner, and the victim was dissatisfied with the victim on the ground that he did not mislead E.

The Defendant: (a) the victim laid the scam of a small-scale illness on the floor of the table; (b) the victim laid the shoulder part of the victim by putting another small-scale disease on the table; and (c) the victim scamed by scambling the scam on the table; and (d) the victim scamed to the table on which another customer was seated by scam.

The Defendant continued to fight the victim and the body in front of the above main point of E and F, referring to the Defendant and the victim, and her body from the above main point of view, and continued to put him into the main point of view, followed by a knife (a total length of about 25cm, approximately 16cm in length) which was dangerous articles in the main place of the Defendant, and followed by a knife of the knife and the knife of the knife, followed by an open knife of the part in need of approximately two weeks of treatment 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 the police against D;

1. A protocol of seizure and a list of seizure;

1. Photographss of the upper part of the victim and CCTV images;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The sentencing criteria are not set for special injuries in the application of the sentencing criteria;

2. The crime of this case by which the sentence of sentence was rendered is that the defendant inflicted an injury on the victim in knife, and thus the risk and possibility of criticism is high, the defendant is the first offender, the agreement with the victim was reached smoothly, and other matters of the defendant.