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(영문) 서울남부지방법원 2017.06.09 2017고단748

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

Criminal facts

On January 10, 2017, around 11:25, the Defendant, while drinking alcohol together with the victim D(46) and 305 of the Guro-gu Seoul Metropolitan Government apartment house 201, and the victim D(46) and the booms, used a kitchen, which is a dangerous object in the vicinity of the Plaintiff, and used a kitchen for the victim, and used the kitchen knife in order to prevent the victim from displaying the kitchen knife of the above kitchen knife, deducted the kitchen knife of the victim from the second finger part of the second finger of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of injuries;

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 circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on the observation of protection and observation (the crime of special injury under Article 258-2 of the Criminal Act is not set with sentencing guidelines) is that the nature of the crime is not good in light of the form, risk, etc. of the crime, and if the defendant has been punished several times prior to the crime of this case, and even before the crime of this case, he has a record of being punished several times as violent crimes and has a previous record of probation, he/she needs to strictly punish the defendant.

However, considering the fact that the defendant committed the crime in this case while committing the crime in this case, the degree of the injury suffered by the victim is relatively minor, the defendant agreed with the victim only smoothly, the defendant's age, sex, environment, motive, means and consequence of the crime in this case, and all the conditions of sentencing as shown in the previous theory, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.