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(영문) 인천지방법원 2018.04.20 2017고단9052

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

Reasons

Punishment of the crime

On August 15, 2017, the Defendant: (a) talked with F, Victim G (54 cm) and requested a payment guarantee to the victim in his/her hand in relation to the issue of food shortage of the E PPP, which is a dangerous object, at the D Office of the Korean Disabled Association of Persons with Disabilities (hereinafter referred to as C and 2nd) held at E bathing beaches, and talked with F, Victim G (54 cm), and demanded a payment guarantee to the victim, but the victim was “the victim was this son.”

As the victim said, the victim’s right-hand bucks were put to the right-hand side (13 cm in depth) one time to the victim, which requires four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Reporting on the occurrence of a case subject to special injury, and reporting on each investigation (an investigation of the background of arrest of the suspect, a knife, a case of seizure of cell phones, and a case of witness H);

1. A medical certificate;

1. Application of the Act and subordinate statutes to the site and damaged photographs and knife photographs;

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 on the observation of protection;

1. The defendant's crime of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is for the reason that the victim inflicted an injury on a knife with a knife while there is a dispute in relation to performance costs and food arrears, and the crime is extremely high in light of the course and form of the crime.

The Defendant, with a knives of 21cm in length, carried the victim’s knives knives with a depth of 13ccbucks in depth, and committed the crime very harsh, and carried out the part and degree of injury at a very dangerous level. The diagnosis issued by the I hospital stated that the victim was in a state where he could have suffered severe blood transfusion if he was in a state of serious damage to the victim’s blood transfusion due to the location of the knives, closed beer, and closed beer and the closed beer.