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(영문) 광주지방법원 순천지원 2017.03.29 2016고단2527
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 October 25, 2016, at around 01:00, the Defendant, within the Defendant’s greenhouse located in B, was in the influence of alcohol together with the Victim C (57 knife) on the ground of an influence. The Defendant came to have a knife in and out of the victim’s knife, and came to have a knife one time in and out of the victim’s knife with excessive knife, a dangerous object.

Accordingly, the defendant carried dangerous objects and carried them to the right side of the victim who is in need of approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Although it is not good for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act, the punishment as ordered is determined by comprehensively taking into account the following circumstances, such as the following: (a) the fact that the defendant is a contingent crime; (b) the defendant's reflects himself/herself; and (c) the fact that the defendant was a primary offender without any previous conviction; and (d) the defendant's age, sex, criminal conduct, family relationship, environment, circumstances and result of the crime; and (e) the circumstances after the crime.

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