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(영문) 인천지방법원 2017.09.27 2017고단5632

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On July 18, 2017, the Defendant: (a) reported on July 22:20, 2017, at the nearest person at the entrance of the Seo-gu Incheon, Seo-gu, Incheon, 334-ro, that the Defendant first ever had the victim C (60 years of age) and the Defendant’s pre-living female D's living together with the Defendant are drinking alcohol; and (b) the Victim D's D', “I do not so.

whether it was not,

It is called Maury Maury Fury

The victim suffered injury to a knife (10cm in knife length) of the knife, which is a dangerous thing that he had held, to the part of the victim, which requires approximately two weeks of treatment, such as an open knife in the part of the knife part of the victim.

Accordingly, the defendant carried a knife, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. 112 photographs related to the report and photographs of the upper part of the victim's body; and

1. Application of Acts and subordinate statutes to certificates of medical records, opinions, and statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is not good in light of the method, mode, risk, etc. of the crime of this case, and the defendant again committed the crime of this case even though he had been punished several times due to the same crime of violence.

Therefore, the defendant is sentenced to imprisonment.

However, the fact that the defendant recognizes the crime and reflects the fact that the injured person does not want the punishment of the defendant by the smooth agreement with the injured person, and the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, health conditions, family relationship, circumstances before and after the crime, etc.

In addition, in order to prevent recidivism, it is ordered that the defendant observe the protection of the defendant.