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(영문) 서울남부지방법원 2016.08.29 2016고단2760
특수상해
Text

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

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

Reasons

Punishment of the crime

On February 20, 2016, at around 11:52, the Defendant saw the victim C (52 cm) to her hand, a dangerous object from his house, which is a Chinese food knife (30cm in total length, 18.5cm in length, 8cm in length in knife) that was carried by the Defendant’s house in front of the Defendant’s house located in Guro-gu Seoul Metropolitan Government, for the reason that the Defendant carried the Defendant’s knife and carried the Defendant’s knife and carried the Defendant’s knife on several occasions.

As a result, the defendant carried dangerous objects with the victim about 35 days of medical treatment, and led the victim to the opening of the left-hand body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV for crime prevention 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria are not set for special injuries as to whether the sentencing criteria are applied or not.

2. The crime of this case, which was sentenced to sentence, committed by the Defendant in Chinese-style knife the arms of the victim, and the above act is a very dangerous act that may cause serious injury to the victim, and the degree of actual injury suffered by the victim seems to be relatively more severe, and thus, the quality of the crime is not weak.

However, the punishment is determined as per the order by taking account of the fact that the defendant made a confession of mistake and reflects the depth of the punishment in Korea, the fact that there was no past record of criminal punishment in Korea, the fact that the victim agreed smoothly at the investigation stage, and the conditions of sentencing specified in the record and the theory of change, thereby reducing the amount of statutory punishment and suspending the execution of the punishment.

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