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(영문) 청주지방법원 2019.10.31 2019고단1739

특수상해

Text

1. The defendant A shall be punished by imprisonment for six months;

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 15:00 on July 15, 2019, Defendant A, on the street in front of the telecom “D” in a considerable amount of Cheongju-si, Cheongju-si, on the ground that the victim B (Nam, 38 years of age) and drinking alcohol were done, Defendant A, a dangerous object, with the kitchen knife (20cm in the blade length, 12cm in the knife length), followed the victim’s part of the treatment days accompanied by his blood transfusion.

2. Defendant B, at the same time and at the same place as in the preceding paragraph, had the victim A (manam, 49 years of age) go against his own part of the kitchen with the kitchen knife, and had the victim walked with his own part of the kitchen knife with the loss of the victim’s head, so the victim’s head knife and knife the victim’s number of days of treatment cannot be known.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol against the Defendants

1. Statement to E by the police;

1. The list of seizure;

1. 112 Application of the 112 Reporting Case List, field photographs statutes;

1. Relevant Articles 258-2 (1) and 257 (1) A of the Criminal Act: Defendant B: Article 257 (1) of the Criminal Act, the selection of a fine (only the case where agreement is reached with the victim, etc.)

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A): The crime is not good in light of the background of the crime and the method of the crime, etc.; circumstances in which the victim's upper part of the victim's upper part of the victim's upper part of the victim's body may be fatal to the human body: The victim's age, character and behavior, environment, and circumstances before and after the crime, etc. shall be comprehensively taken into account and comprehensively agreed with the victim, and all other circumstances constituting the conditions for sentencing such as the defendant'