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(영문) 창원지방법원 통영지원 2017.01.11 2016고단1685
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On October 24, 2010, the Defendant: (a) at a accommodation located in the 308 heading room of “Cel” located in the 10:00 heading Sinsan City B on October 24, 2010; (b) while engaging in a dispute with the victim D (41 tax) who is a workplace partner; (c) and (d) the said victim “this Chewing gue, dead, and discarded.”

“In the course of doing a bath, a fluoral disease that had been located at the same time faced with the wall, and the fluoral disease, which is a dangerous object, was fluored by the victim D, and the defendant was put up in side, and the victim E(41) was put up a face of the victim E(41). The victim D continued to put the victim D and knife the victim D and knife knife the victim D, knife the victim's knife, knife the victim's knife, and knife the victim's knife, and the victim D's chest was flue two times in drinking.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment to victims E, the left-hand play and the knive body of the knive body, and the victim D, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act and the choice of punishment for the crime, Articles 258-2 (1) and 257 (1) of the Criminal Act, the choice of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, are equally considered and the community service order should be added in light of the following: (a) the high risk using dangerous objects with reason for sentencing under Article 62-2 of the Criminal Act; (b) the victims have not recovered from damage; (c) the victims have been punished for a long time as a crime of the same kind; and (d) the Defendant’s age, sex, environment, and circumstances

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