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(영문) 인천지방법원 2017.10.26 2017고단6271
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 7, 2017, at around 20:30, the Defendant: (a) requested the victim under the influence of alcohol to leave the house of his/her own female; (b) however, the Defendant refused to demand the victim to leave the house of his/her own female, while the dispute was constantly occurred due to the husband’s 404 of the Nam-gu Incheon apartment B apartment on the wind; (c) however, the Defendant: (a) sounded the victim’s house of his/her own female house; (d) he/she was a dangerous object stored in the kitchen with the kitchen with the kitchen at the same time (the total length of 20cm, 9.5cm length of the knife) while raising the space of the dangerous object stored in the kitchen with the kitchen, which is a dangerous object (the total length of 20cm and 9.5cm length of the knife).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of Acts and subordinate statutes to medical treatment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act and subordinate statutes that did not apply the sentencing guidelines) 【The reason for the suspended sentence” is the typical reason for the sentencing of Article 48(1)1 of the Criminal Act (amended by Act and subordinate statutes) , and the fact that there is no possibility of re-offending in light of the victim’s source of punishment, the occurrence of the case’s relationship with the party concerned, and the small excessive nature used for an contingent crime, the need for treatment and treatment in society to overcome unstable disorder and cure alcohol dependence rather than isolation and detention on the response book , she is sentenced to a small amount of imprisonment within the scope of the mitigated sentence, and the execution of the sentence is suspended for six months on condition of community service and attending lectures for the prevention of re-offending.

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