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(영문) 수원지방법원 2018.06.15 2018고단1758
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 14:40 on January 17, 2018, the Defendant misleads the Defendant that the Defendant would assault the Defendant’s mother, thereby misunderstanding the Defendant’s desire, making a knife-car (the total length of 34.5 cm, the knife length of 21.5 cm) which is a dangerous object in the kitchen, and put the victim’s right chest part of the victim’s right chest in the above knife on one occasion by using the knife, with the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to C (victim) and D;

1. Photographss of damaged parts of the victim C;

1. Application of the Acts and subordinate statutes of photograph of the criminal flight knife;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances: Defendant’s age, sex, family environment, health conditions, the circumstances and results of the instant crime, and the following circumstances.

The favorable circumstances: The fact that one's mistake is divided and reflected, the fact that the injured person does not want the punishment of the defendant, and the fact that the injured person commits any contingency: the fact that he/she committed any contingency: The fact that he/she is a dangerous article that may pose a risk to his/her life, such as a knife the right part of the injured person's chest, etc.

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