(영문) 서울남부지방법원 2017.05.19 2017고단222

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(영문) 서울남부지방법원 2017.05.19 2017고단222

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

Criminal facts

On December 14, 2016, at around 23:25, the Defendant: (a) while drinking alcohol in the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, reported that the Defendant’s wife and the victim C (64 years of age) who resides in the Defendant’s house were in conflict with noise problems between D, which is an son of the victim C (64 years of age) who resides in the Defendant’s house, and (b) took a knife knife (20 cm in length, No. 1) with the Defendant’s knife (20 cm in length, No. 200 cm in front of the Defendant’s house) and carried out a knife of approximately 5 cm in the victim’s left side, which would be flifed by the Defendant.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. One knife (No. 1);

1. Application of statutes, such as photographs of victims;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (the crime of special injury under Article 258-2 of the Criminal Act is not set with sentencing guidelines) (the crime of this case is not very good in light of the form of act and risk of danger, etc.). In light of the fact that the Defendant was sentenced to suspension of indictment due to special assault before the crime of this case, it is necessary to strictly punish the Defendant.

However, considering the fact that the defendant committed all the crimes of this case and divided the errors, the fact that the defendant agreed with the victim, the fact that there is no criminal record exceeding the fine, the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, the punishment as ordered shall be determined by taking into account all the conditions of the punishment as stated in the records and the theory of change.

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