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(영문) 대전지방법원 공주지원 2017.06.16 2017고단95

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:00 on April 8, 2017, the Defendant was in the Defendant’s residence located in C Apartment 103, 104, 103, and 104, and the Defendant was in the process of drinking the Victim D (53, 53) and 104, and the Defendant was in the process of drinking the Defendant.

Although the Defendant demanded the victim to compensate for the lele value, the Defendant collected transition (23 cm in total length, 12 cm in length) which is a dangerous object in which the victim refused, flaged and taken a bath, and added up approximately three weeks of treatment to the part of the victim, and led the victim to an open situation where the head was invaded with about three weeks 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 D;

1. A protocol of seizure, each investigation report (with respect to attachment of the knife form of seizure at the site, such as on-site conditions, investigation of the knife form of seizure, photograph (NA collection process of seized articles), and a gene appraisal report);

1. Application of Acts and subordinate statutes to medical records, copies of diagnosis reports, field photographs, and photographs of an emergency room;

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 suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant has a large number of criminal records of the same kind, and that the means and methods of the crime could have resulted in serious consequences, such as breaking down the victim’s neck, which is a dangerous object. In light of the above, a strict punishment is required.

However, it shall be taken into account the confession, depth, and the agreement with the victim.

In this context, considering various circumstances such as the defendant's age, sex, health, home environment, background of the crime, and circumstances after the crime, it is the prevention of recidivism and the defendant's sound society.