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(영문) 수원지방법원 성남지원 2021.03.25 2020고단4365
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

The defendant and the victim B ( South, 25 years old) are legal married couple.

On August 23, 2020, the Defendant: (a) around 23:35, at the house of the Defendant and the victim on the second floor of Sungnam-si, and around 2, the Defendant: (b) placed the victim’s right arms at hand, and caused damage to the victim’s right hand hand lines and blood transfusion, which are dangerous articles that were in the bank by breaking it into the victim’s knife (the total length of 32 cm, the knife length of 20cm).

Accordingly, the defendant carried over excessive goods, which are dangerous goods, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. A photograph of the scene of the crime, a photograph of the trace of the crime committed against the suspect, and a photograph of the seized article;

1. Certificates of release on a deposit, opinions of intention, and expert opinions;

1. Application of Acts and subordinate statutes to the investigation report (verification of CCTV images for crime prevention);

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. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act, for forfeiture of Article 60(3) of the same Act, the Defendant, who is a dangerous object, committed damage to the victim’s right side and part of the knife line, which requires the treatment of approximately four weeks of the victim’s right side, and caused damage to the victim’s blood.

Considering the fact that there is no significant risk of over-road victims' arms, and that there is no significant degree of injury suffered by the victim, the defendant shows an attitude against the defendant, the damaged person is not able to be punished by the defendant, the first offender is the first offender, and the depression is suffered by the victim under the agreement with the victim.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and means of crime, etc., shall be determined as the sentence.

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