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(영문) 의정부지방법원 2018.04.12 2018고단353

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

The Defendant, who was the same as that of the Defendant, was the victim B ( South, 60 years of age) who was the same as that of the Defendant, and was dissatisfied with the disregarding that “I must know”.

On December 30, 2017, at around 22:40 on December 30, 2017, the Defendant: (a) listened to the desire of the victim, such as “D dan Dok”, from the victim in the “D Dok-gun,” and (b) taken the string of dangerous objects in the bank (the total length of 28cc, the knife length of 16cc, and No. 1 of the certificate) into the victim’s face; (c) displayed the said knife on the victim’s right hand on the knife, and put the victim’s right hand on the victim’s right hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on internal investigation (the first report on the commencement of the construction site);

1. On-site photographs, on-site photographs, and damaged photographs, with respect to internal investigation reports (in cases of attaching photographs);

1. Investigation report (related to attachment of a written request for treatment of an emergency patient), a written request for medical treatment of an emergency patient;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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. Protection and observation, and community service work, under Article 62-2 of the Criminal Act;

1. For the reason of sentencing under Article 48(1) of the Criminal Act, the method and form of the instant crime, risk, degree of injury to the victim, etc. of the reason of sentencing is not easy.

However, the defendant shows his attitude to see and reflect his mistake.

A injured person does not want the punishment by mutual consent with the defendant.

There is no criminal record over fines and there is no criminal record over the past ten years.

In addition, the punishment shall be determined by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime.