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(영문) 수원지방법원안산지원 2020.10.28 2020고단2730
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 22:50 on April 26, 2020, the Defendant: (a) resided with the victim D (ma, 43 years of age) who is a de facto spouse in the de facto marriage No. B and C, and (b) took a dispute with the victim on the ground that the victim would first want to do so while drinking together with the victim; (c) was subject to an assault from the victim; (d) knife (31cm in total length, 20cm in knife length) which is a dangerous object in the face of the victim; and (e) knife the part of the victim’s left side is knife so that the victim could not know the number of days of treatment.

Summary of Evidence

1. Application of the Act and subordinate statutes to the protocol of seizure E of the statement of the police concerning the defendant's legal statement D, the protocol of seizure, the list of seizure, on-site photographs, and the investigation report

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 몰수 형법 제48조 제1항 제1호 양형의 이유 피고인이 공격 목적으로 칼을 들었던 것은 아니고, 다투는 과정에서 엉겁결에 칼로 피해자를 찌른 것으로 보인다.

In addition, the victim was present in the court without being injured by the victim, and the victim was able to take the action against the defendant.

The defendant is the first offender and is in profoundly against the wrongness.

In addition, the punishment shall be determined by comprehensively taking into account various circumstances, such as the defendant's age, environment, family relations, background leading to the crime, and circumstances after the crime.

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