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Reasons
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(영문) 수원지방법원 평택지원 2017.03.30 2017고단383
특수상해
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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 February 25, 2017, the Defendant was suspected of bringing about the cash, etc. of the victim E (E, South Korea, and 22 years old) who is a workplace club located in Pyeongtaek-si C on February 13:0, 2017. On the other hand, the Defendant brought about the victim's body by booming the victim's knife with the knife, and knife (8cm in knife length) which is a dangerous object on the table knife, brought the victim's knife on one hand, and inflicted an injury on the victim, such as two open knife in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] : (a) the type 1 (the habitual injury, repeated crime injury, and special injury) of habitual injury and repeated crime; (b) the special mitigation area ( September to February 2); (c) the minor injury, non- sources of punishment (including efforts to recover damage) or considerable partial damage (including efforts to recover damage) ; (d) the sentence is to be determined in full view of the following circumstances and other conditions of the sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relation, and circumstances before and after the crime.

- As agreed with the victim, there is no past record of criminal punishment in Korea. - The defendant reflects the mistake of the defendant.

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