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(영문) 대구지방법원 포항지원 2017.09.06 2017고단823

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

The defendant is the victim C's dynamics.

On May 31, 2017, the Defendant: (a) 02:41 on May 31, 2017, to E operated by the Defendant, who drinks with the victim and talks with the victim, while the Victim wraps the processed matter.

(p) it is well-flash.

“Along with the victim’s chest part of the victim’s chest, which was moving towards the victim by turning over the victim the transition (15 cm in length, 7 cm in length) that is a dangerous object from which the defect was located, the victim suffered injury, such as a snch snife, which requires approximately two weeks of treatment to the victim once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of investigation reports (the detection of deadly weapons used for committing a crime), investigation reports (a statement of intent and detailed statement of medical treatment attached), investigation reports (on-site photographs), investigation reports (on-site photographs), and Acts and subordinate statutes concerning on-site conditions taken byCCTV);

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act, including the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are determined as the same as the order.

A extenuating circumstances: A normal situation in which the victim's injury was inflicted on the chest of the victim with a deadly weapon at the end of the minor dispute, and the nature of the crime is not good in light of the method of the act or the part of the injury, and the defendant was sentenced to a criminal punishment due to the crime of bodily injury carrying a knife in the past, and there was a criminal record of the suspended execution due to the crime of interference with the execution of official duties in around 2015, and the crime of this case was committed only in the same month after the expiration of the suspended execution period: A favorable circumstance that the victim does not want the punishment of the defendant by agreement with the victim; a contingent crime appears to have been committed.