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(영문) 수원지방법원 2016.02.18 2016고단132

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

Reasons

Punishment of the crime

At around 01:05 on December 30, 2015, the Defendant: (a) had been aware of the Defendant’s house at Suwon-si C and 612, and had a horse dispute with the victim D(45 years of age) while drinking alcohol, and had the victim “as far as possible, kniff knife”, and (b) had a light knife, which is a dangerous thing in the kitchen at the place where the victim was discharged from the clothes of the Defendant, and had a light knife (the total length of 22cm, the knife length of 12cc) with the victim’s side on the part of 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. Investigation report (victim D telephone communications);

1. Statement of opinion;

1. Application of Acts and subordinate statutes to field inspection photographs, such as photographs, damaged parts of pictures, etc.;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The sentence of sentence is to be imposed in full view of the following factors: (a) although not agreed with the victim for the reason of sentencing under Article 48(1) of the Confiscation Criminal Act, the victim expressed his/her intention not to want punishment against the defendant at an investigative agency; (b) the victim by reporting directly immediately after the crime was committed by the defendant; (c) the victim can be subject to emergency measures; (d) the victim by reporting himself/herself; (d) the crime is recognized and reflected; (e) the victim has no record of committing a crime for the last ten years; (e) the victim has already been detained for two months; and (e) the motive and circumstance of the crime and the circumstances after