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(영문) 전주지방법원 2018.01.31 2017고단1997

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is between the victim C and the offender.

On October 14, 2017, at around 03:50, the Defendant: (a) brought a dispute with the victim during the process of taking the Defendant’s house located in Kim Jong-si and drinking alcohol; (b) caused the victim to damage the part of the victim’s house, which is a dangerous thing that had been placed in the kitchen knife knife in the benife knife knife in the benife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. A seizure list;

1. On-site photographs;

1. Application of the medical certificate (F)-related Acts and subordinate statutes;

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

1. Articles 11 and 55 (1) 3 of the Criminal Act to mitigate deaf-mutes;

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

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is a dangerous matter, which inflicts an injury on the part of the victim, in light of the form of the act, method of the crime, etc., and the defendant's criminal records are considerably poor in light of the attitude of the act and the method of the crime.

However, it cannot be deemed that the degree of injury of the victim has reached a significant level, and the victim does not want the punishment against the defendant, the victim does not want the punishment against the defendant, there is no history of punishment exceeding the fine against the defendant, and the defendant's mistake is recognized and is against the law. It is so decided as per Disposition by the Supreme Court.