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(영문) 인천지방법원 2016.07.07 2012고단7600
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

On June 16, 2012, the Defendant: (a) around 22:40 on June 16, 2012, around the Defendant’s house located in Dong-gu Incheon Dong C lending C, 102; (b) around the Defendant’s house, the victim D, living in the same loan, sneeps garbage in the Defendant’s house, and walking the entrance by walking the entrance, and (c) knife a knife ( approximately 30 centimeters in total length, approximately 20 centimeters in length of the knife) which was in the kitchen, brought the victim’s head part by using the knife.

Accordingly, the defendant carried a knife, which is a dangerous thing, and carried a two-time medical treatment for the victim.

Summary of Evidence

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

1. Statement made by the police against D;

1. The photograph, record, and list of seized articles;

1. Application of Acts and subordinate statutes to photographs of injuries and report on investigation (Attachment of a medical certificate);

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 suspension of execution (including the fact that there is no previous conviction exceeding a fine, the fact that there is a penance, and the fact that the injured party's wife is relatively heavy and the accused is an old age);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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