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(영문) 대전지방법원 공주지원 2016.06.24 2015고단356
특수상해
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A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim C(28 tax) are those who work together in the "D" company reprocessing wheel chairss.

On September 23, 2015, the Defendant: (a) around 08:20 on September 23, 2015, at the “D” plant located in Sinju City E, and (b) while giving a warning to the victim without his own permission, the Defendant inflicted injury on the victim, such as a knife (32cm in length) and a part of the victim’s clothes, etc., on about two occasions, with a knife and a part of the victim’s clothes, necessary for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning photographs to cut CCTV and to cut CCTVs;

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. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the Defendant: (b) had a knife knife, which is a dangerous object; and (c) had continued to inflict two injuries on the victim; (b) did not lead to the crime any longer due to the lower judgment of the surrounding people; (c) the nature of the crime is inferior.

In addition, the Court did not make any effort to recover damage while the trial of this case was in progress, and sentenced to imprisonment with prison labor.

However, considering the fact that the defendant did not have a criminal record of violence, confession and reflects his depth, and that the degree of injury of the victim is not much serious.

In this context, considering various circumstances such as the defendant's age, sex, circumstances of the crime, and circumstances after the crime, the punishment is determined as ordered.

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