logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2018.07.17 2017고단400
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 May 26, 2017, the Defendant divided conversations in order to secure the victim C (21 years old) and a balanced evaluation on the front side of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 301.

“Along with the horses, two kitchen blades (2.5cm in total length, 26.5cm in length, 19.5cm in length, 16cm in length), which are dangerous things carried in a kitchen, etc., and the arms, ships, and necks of the victim were opened to the victim for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. A medical certificate, each photograph;

1. Two photographs of seizure records, list of seizure and kitchen-blades of the police;

1. Application of Acts and subordinate statutes to a written agreement;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, inflicts a knife on the victim without any particular reason.

In light of the specific form of the act, the body part of the body with a knife and the risk of the means of crime, etc., it is necessary for the defendant to pronounce strict punishment corresponding to the nature of the crime.

However, due to the defendant's act, the victim did not have a serious injury, and the defendant agreed with the victim smoothly, and the defendant did not have any record of punishment for the same crime, and reflects his mistake in depth.

In addition, the sentence of suspended execution shall be rendered only once by taking into account the defendant's age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.

arrow