(영문) 서울중앙지방법원 2017.04.27 2016고단9559

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(영문) 서울중앙지방법원 2017.04.27 2016고단9559

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:05 on December 17, 2016, at the defendant's house located in Gwanak-gu in Seoul Special Metropolitan City, the defendant's friendship victim D and alcohol are viewed as a female problem, and the defendant was punished for a dispute with the victim, the defendant threatened the victim with a knife knife (27cm in total length, 16cm in length) which was placed on the defendant's side, and the victim continued to put the victim's left hand and body on the above knife in the process of the knife.

As a result, the defendant carried dangerous objects and carried them on the upper part of the left hand floor (2 cm) to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

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

1. Application of Acts and subordinate statutes to photographs, such as site, seized articles, damaged parts, etc.;

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 suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The fact that the reason for sentencing under Article 48(1)1 of the Criminal Act was used, and that there were a number of violent crimes are disadvantageous circumstances to the defendant.

However, considering the fact that the victim does not want the punishment against the defendant, the degree of injury is not serious, the circumstances favorable to the defendant that are committed at the time of and against the commission of the crime shall be considered, and the punishment as ordered shall be determined by considering all other circumstances that are the conditions for sentencing specified in the arguments of this case, such as the defendant's age, sex, career, home environment, motive and means of the crime, and circumstances after the crime.

참조조문

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