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(영문) 의정부지방법원 2017.06.30 2017고단1976

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

At around 17:30 on December 13, 2016, the Defendant: (a) sought a knife (29cm in total, 15cm in length) (15cm in length) which is an object dangerous to ambling machine; and (b) sought a knife (74cm in length) from the victim D (W, 74 years in length) with the above C; and (c) without any reason, without reporting the victim D (W, 74 years in age) with the above C.

"............... the victim was injured by thirth, etc. in need of approximately two weeks of treatment by cutting down the ballebbbbbage of the victim and cutting over the cement bed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. E statements;

1. Each report on investigation;

1. A written diagnosis of injury;

1. Application of statutes, such as site photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

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

1. In the case of the instant crime for the reason of sentencing under Article 48(1) of the Criminal Act, the sentencing guidelines set by the Sentencing Committee cannot be applied directly, and thus, the sentencing guidelines shall not be applied. However, the sentencing factors and some of the recommended sentences set out in the sentencing guidelines shall be taken into account.

In light of the fact that the crime of this case was highly dangerous, and that there was no letter from the injured party or there was no smooth agreement, it is necessary to punish the accused strictly.

However, in light of the fact that the defendant led to the crime of this case, the defendant has no record of criminal punishment in addition to the punishment of a fine once for the crime of this case, and other circumstances, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered in accordance with the order.