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(영문) 수원지방법원 2017.02.09 2016고단6802

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a technical non-existence of “D” task located in Young-si Water Zone C, and the victim E (50) is a person who works from the above tasks to the day-to-day bread.

On September 9, 2016, the Defendant, at around 07:00 on September 9, 2016, had the victim and the breabbbbbus were in dispute with the datity of the datus.

Defendant 1, among the above physical fightings, knife knife knife (the total length of 49cm, the length of 35cm) and knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Protocols of seizure;

1. Ethical damage photographs and knives photo;

1. Investigation Report (Submission of the Certificate of Injury) - Application of the statute, including the Certificate of Injury;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant inflicted an injury on the victim by using the victim's knife, which is a dangerous object, and the risk and attitude of the crime is not very good in light of the risk and attitude of the crime, and the defendant has been punished twice as fines for the same kind of crime.

On the other hand, there are favorable circumstances, such as the fact that the defendant reflects the mistake, that the defendant does not have a criminal record exceeding the fine, and that the victim does not want the punishment by agreement with the victim.

The sentencing conditions that are shown in the records, such as the above various circumstances and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.