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(영문) 서울중앙지방법원 2016.07.22 2016고단3049

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is between the victim C ( South, 46 years of age) and the punishment.

around 10:25 on April 19, 2016, the Defendant, while drinking and diving alcohol in Gwanak-gu, Seoul Special Metropolitan City D and 201, suffered damage between the Defendant and the victim, who was living together, was fluencing him by her, and was fluencing so that the victim, who was living together, was fluencing the brucing at the night, and was fluencing at the kitchen, a dangerous thing at the kitchen, and damaged the victim’s chest, who was living in the toilet, once by flucing the victim’s chest, into the mouth of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Police seizure records;

1. Photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

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

1. Although the nature of the crime of this case is not good, the defendant recognized the crime of this case and commits the crime of this case, the defendant seems to have committed the crime of this case in a knife with the dangerous aspect of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act, the fact that the defendant was aware of the crime of this case and reflects the mistake, the defendant's desire to do so from the injured person and seems to have committed the crime of this case, the injured person by agreement with the injured person does not want the punishment of the defendant, the first crime, the fact that the injured person is the first crime, the fact that medical diagnosis is issued that there is no difficulty in daily life at present after he was hospitalized after the day of the day of the day, and other conditions of various sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, occupation, family relations, health status, etc., shall be determined as ordered by the order.