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(영문) 대전지방법원 서산지원 2018.05.17 2018고단306

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

On March 25, 2018, at the defendant's house located in Seosan City C Housing 203 around 05:07, the defendant, while drinking alcohol with the victim D (the remaining and the age of 44) who was working East C Housing 203, suffered from the victim who was flabing with the victim due to an unforeseen reason, "Wer knife if the width knife knife knife knife knife knife knife knifs)", the defendant sustained from the victim with the excessive knife (10cm length of the knife knife knife) and the part of the left side knife knife knif in need of approximately six weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

1. A report on investigation (related to part of bodily injury) and photographs related to part of bodily injury;

1. A copy of medical records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of each site site and seized articles;

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. In light of the purpose of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant is liable for the crime of this case and the degree of injury, etc.: Provided, That the defendant reflects the defendant's mistake, the injured person wants the defendant's wife by agreement with the victim, the defendant committed the crime of this case by contingently, there is no previous conviction sentenced to more severe punishment than the fine, and the defendant's age, sex, sex, occupation, environment, family relationship, motive, method and consequence of the crime, etc., the sentence shall be determined as ordered, and the execution thereof shall be suspended.