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(영문) 청주지방법원 제천지원 2016.08.11 2016고단163

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a de facto marital couple living together from around 2004 with the victim C (55 years old).

On April 15, 2016, around 00:15, the Defendant, at the dwelling space of the Defendant No. D 303, and at the dwelling space of the Defendant, brought an injury to the Defendant, on the part of the victim’s left knife, due to excessive amount of knife ( approximately 20cm in total length, approximately 9cm in knife length), which is a dangerous thing that was in the knife on the knife deposit ( approximately 20cm in length, about 9cm in knife length), while engaging in knife or dispute with regard to the knife supply with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on internal investigation:

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

1. Statement of opinion;

1. Application of statutes on site photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered by comprehensively taking into account the following circumstances in the reasons for sentencing under Article 48 (1) 1 of the Criminal Act.

The fact that the risk of an act is highly confessioned and reflected, the fact that the act is a contingent crime, the fact that the injured person does not want the punishment of the defendant by the unanimous agreement with the victim, and there is no record of the same crime.