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(영문) 수원지방법원 안산지원 2020.05.15 2020고단523

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 11:10 on January 19, 2020, the Defendant drinked drinking together with the Defendant’s house located in Ansan-si B (manam and 56 years of age), and the Defendant used the kitchen knife (the total length: 31cm, 19cm: 19cc in length: 19cc in length) which is a dangerous object in which the victim flifeed the Defendant’s side glass and flifeed the Defendant’s side glass, and used the kitchen knife (the knife: 31cm in length: 19cc in length) at the Defendant’s house located in Ansan-si, Ansan-si B, Ansan-si, and had the victim undergo approximately two weeks’s treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Investigation reports (related to the degree of damage to victims C and the number of days of treatment), and application of Acts and subordinate statutes of a gene appraisal report;

1. Articles 258-2 and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. A punishment like the order shall be determined by taking into consideration favorable circumstances, such as: (a) a dangerous crime using a deadly weapon with reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act; (b) a serious degree of injury is not significant; and (c) a victim does not want punishment against the defendant by mutual consent with the victim; (d) a somewhat contingent crime appears to be a somewhat contingent crime; and (e)