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(영문) 대구지방법원 상주지원 2017.03.10 2016고단597

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 and the victim B(39 years) are between South Korea and South Korea.

The Defendant, around 22:00 on December 3, 2016, was in dispute with the issue that the victim had received economic support from her mother-child in the process of purchasing a new vehicle at the dwelling space in the Yancheon-gun, Chungcheongnam-gun, Gyeongcheon-gun, Seoul.

The Defendant inflicted injury on the part of the Defendant, including the victim, on a one-time basis, on the part of a dangerous object (20 cm in total length, 10 cm in length), which is a dangerous object that had been in the main scambling at the scambling, and on the part of the victim, and on the part of the victim, such as the victim, on the part of the victim, knife in need of two weeks of treatment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to B or D;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to arrest and report the occurrence of the case, report internal investigation and investigation report;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant has reached a knife after the victim who is pro-born, and the nature of the crime is not good in light of the applicable law of the crime, the relationship with the victim, etc.

However, considering favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, that there is an agreement with the victim, that the degree of injury does not seem to be serious, and that the defendant appears to have committed a crime somewhat contingently, the defendant's age, sexual conduct, environment, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing factors specified in the arguments in this case, such as the defendant's age, sexual conduct