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(영문) 수원지방법원 안산지원 2018.11.14 2018고단3179

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On August 2, 2018, the Defendant: (a) at the home of the Defendant, No. 02:40, Ansan-si, B, 207, and the Defendant, as well as the Victim C (42) on August 2, 2018, the Defendant, while drinking alcohol with the Victim C, was in conflict with each other with each other while having not repaid the amount of credit; and (b) the kitchen (32cm in total, 21cm in length, knife length, and 21cm in length) called “to throw away the victim’s head with knife”; (c) the Victim’s chest was knife with knife and knife the victim’s chest, and knife knife knife knife knife knife knife k for four weeks of treatment.

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of subparagraph 1 of this Article;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

1. The sentencing conditions under Article 48(1)1 of the Criminal Act, which include the defendant’s age, sex, family relation, etc., shall be determined by comprehensively taking into account the following normal relation: (a) the defendant’s age, sex, family relation, etc.; and

· Unfavorable normal conditions: The degree of damage is not easy and favorable: The confession and reflectability, the agreement with the victim, and the fact that there is no record of domestic punishment.