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(영문) 창원지방법원 마산지원 2016.10.25 2016고단888

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

Reasons

Punishment of the crime

On December 23, 2015, at around 06:30 on December 23, 2015, the Defendant drinked with three parties, such as the victim D(age 32) who is a middle school alumni, and had a dispute with the victim.

While the Defendant was sprinking the other party by drinking outside of the victim, the Defendant knife with one another, and knife a knife (19cm in knife length, 30cm in total length) that is dangerous articles in the kitchen, and knife the victim knife in the corridor, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A medical certificate;

1. Application of each statute on photographs;

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 for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The sentencing conditions under Article 48(1)1 of the Criminal Act, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

The crime of this case is very dangerous that the knife causes the injury to the victim by knife two times, and the crime of this case is bad.

The favorable circumstances: The crime of this case is against the law.

In agreement with the victim, the victim does not want the punishment of the defendant.

It seems that the injury of the victim was not serious.

There is no record of punishment for the same crime.