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Reasons
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(영문) 춘천지방법원원주지원 2020.10.29 2020고단650
특수상해
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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant and the victim B (the male, the 57 years old) are known to each other.

At around 02:59 on April 11, 2020, the Defendant, while drinking the alcohol with the victim in D apartment E, which is a residence of the victim in D apartment E, which is a place of residence of the victim in D apartment C, the Defendant: (a) ring the victim’s drinking and drinking the alcohol; (b) straw-car (16.5cm in length and total 29cm in length) which is a dangerous object on the kitchen in the kitchen, and 29cm in the number of days of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the statutes of one copy of a document, such as a report on seizure and the list of seizure lists, a report on the results of genetic appraisal, and a written opinion;

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

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the reasonable circumstances] is against the Defendant’s crime of this case.

The defendant does not want the punishment of the defendant by agreement with the victim.

[Incompetence] The crime of this case was committed by the defendant with a knife knife, which is a dangerous object, and the risk of causing injury to the victim is large and good.

The defendant has a record of criminal punishment on several occasions for the same kind of crime.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.

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