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(영문) 광주지방법원 목포지원 2017.06.23 2015고단1035
특수상해
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around 15:20 on May 23, 2015, the Defendant drinking alcohol with the victim D (54 cm) at his own house located in Sinpo City C, and caused the convenience of the victim E (nife, 46 years of age) who is a woman living together with the Defendant, and caused the victim E (nife, 46 years of age) to do so with 2 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to criminal tools and photographs of victims;

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

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, committed the instant crime even though he had the record of being punished for murdering (a crime that kills the boat of the front line). The instant crime committed an injury to the victims by displaying two knifes, which are dangerous objects, and that the nature of the crime is very poor, it is inevitable to punish the Defendant significantly.

However, considering the circumstances favorable to the defendant such as the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., the defendant recognized the crime of this case, the fact that the defendant seems to have caused the crime of this case by drinking, the fact that the defendant agreed smoothly with the victims, etc. are considered as favorable to the defendant, and the order is issued by comprehensively taking into account all the factors of sentencing as indicated in the records and arguments of this case, including the circumstances after the crime.

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