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(영문) 수원지방법원 성남지원 2017.10.31 2017고단1962
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

Punishment of the crime

On June 4, 2017, at around 21:00, the Defendant 'C' operated by the Defendant in Sungnam-si A, Sungnam-si, and around 21:00, performed drinking together with the victim D (41 3) and E, a de facto marital spouse of the Defendant, had a defect to the effect that the victimized person, while drinking alcohol together with the victim E, who was a de facto marital spouse of the Defendant, was the victim, was suffering from the victim, and had a knife, which is an object dangerous to the kitchen, with a knife (the total length of 37 cm, the knife length of the day, 24 cm), and had the victim's knife that the victim could not know the number of days of treatment.

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 each statute on photographs;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act is that the defendant, at the place operated by him, inflicted an injury on the victim's fingers by displaying the drinking with the victim, etc., and the nature of the crime and the method of the crime are heavy in light of the contents and the method of the crime.

Meanwhile, the circumstances are favorable to the defendant, such as the fact that the defendant reflects the defendant's mistake, the fact that the defendant appears to have caused the crime of this case in a somewhat contingent and contingent manner, the degree of injury suffered by the victim is relatively not more severe, the defendant agreed with the victim, the victim does not want to punish the defendant, and there is no history of punishment exceeding the fine.

In addition to the above various circumstances favorable to or unfavorable to the defendant, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc. are considered, and the conditions of the sentencing as shown in the argument of this case are considered.

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