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(영문) 수원지방법원 안산지원 2017.07.14 2017고단1087
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A thief: (a) around April 20, 2017, the Defendant: (b) entered the Eart operated by the victim D located in C, with two kitchen kitchenss located on the front line, which rhythms the right to the cover; and (c) stolen them.

2. Around 08:45 on the same day as described in paragraph 1, the Defendant: (a) 2 kitchen knife (19cm in length, 31cm in length) which is a dangerous object that has stolen, such as paragraph 1, from the shooting distance prior to the Sinsi-dong, Singu, Sindong High School; (b) 2 kitchen knife (31cm in length, 31cm in length). While under the influence of alcohol, the Defendant used the kitchen knife in front of the crosswalk for the attending school without any reason, the Defendant sawd the part of the part of the damaged knife in front of the crosswalk to the right part of the part of the damaged knife, about 12cm in back, about 3cm in the left part of the nife, and 3cm in the number of days of treatment.

As a result, the defendant carried a kitchen, which is a dangerous thing, and inflicted injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. A written statement of G and H;

1. Police seizure records and list of seizure;

1. Photographs of seized articles;

1. Application of the legislation in its opinion;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (abstinence, choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act (abstinence of special injury);

1. In light of the first sentence of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the criminal defendant needs to be strictly punished in light of the following: (a) the gravity, means, content and risk of the instant crime and the degree of damage; and (b) the damage was not recovered from the principal crime.

However, the fact that the defendant was under the influence of alcohol at the time of committing a crime, was under the influence of alcohol at a multiple times, and was showing the intention of improvement, and other records and trial process, such as the defendant's age, sex, health status, surrounding environment, and circumstances after committing a crime.

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