(영문) 수원지방법원 성남지원 2017.06.08 2017고단654

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(영문) 수원지방법원 성남지원 2017.06.08 2017고단654

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 15, 2017, the Defendant, at around 11:40 on March 15, 2017, brought a dispute with the victim E (the age of 58) and property division in front of the Defendant’s residence in Gwangju-si, and the victim proposed the registration of real estate by dividing the name of the owner of the registered real estate, and divided it into two parts, which are dangerous things in the kitchen (the total length, 22 cm, 12 cm in length of the day). The Defendant opened a driver’s seat of the vehicle on which the victim was on board and opened a driver’s seat of the vehicle on which the victim was on board, and continued to knife the victim’s head’s debt by hand, and continued to knife the victim’s head’s debt.

As a result, the defendant carried dangerous things with the victim's body and injured the victim's body by causing about 2 cm self-harm with which the number of days of treatment cannot be known on the part of the victim's arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes, such as photographs and field photographs of 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. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The degree of injury is a very dangerous act that may cause serious consequences: the degree of injury is relatively minor; the defendant agrees with the victim; the defendant is against the defendant; and the defendant was living under confinement due to the crime of this case; and other factors such as the defendant's age, environment, sex behavior, motive and means of the crime, circumstances after the crime, etc., and all the factors of sentencing as indicated in the records and the theory of changes, such as the records of this case and the following circumstances, shall be determined as the sentence as ordered.

참조조문

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