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(영문) 창원지방법원 통영지원 2017.06.15 2017고단463

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 February 21, 2017, the Defendant: (a) discovered the victim who was waiting for the victim while having a knife (the total length: 29cm, 18cm: 18cm) with a deadly weapon at his house kitchen, and was waiting for the victim, and discovered the victim who was waiting for the victim, after hiding the victim’s flife with his flife at the D parking lot located in C, which is the Defendant’s residence, and going to the victim E (the victim’s 44 years old), who was living together (the flife, the flife, the flife length: 18cm) with his own house, and flife the victim’s flife at his house, and flife the victim’s flife with one hand, which was concealed by one hand; and (b) found the victim’s flife the victim’s flife in the part of the victim.

After threatening the death of the victim, continuing to attract the victim, moving the victim into the D parking lot, leaving the bridge, leaving the victim over the floor, and threatening the victim with a knife with the knife.

As a result, the Defendant carried a deadly weapon with the victim about two weeks of treatment, which requires two blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Police seizure records and list of seizure;

1. Each report on investigation;

1. Side photographs, on-site photographs, and deadly weapons photographs of the damaged part;

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 suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The crime of this case where the defendant, on the grounds of sentencing of Article 48(1)1 of the Confiscation Criminal Act, threatens him/her with a lethal weapon and inflicts bodily injury is not good.

In addition, the defendant has been subject to criminal punishment several times for the same crime.

However, the defendant reflects his mistake, and is divided.

In addition, according to the agreement of the defendant with the victim, the injured party is interested in the defendant.