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(영문) 전주지방법원 정읍지원 2017.02.09 2016고단590
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 November 28, 2016, the Defendant: (a) was in front of the Si of Jeong-Eup, around 19:35, and (b) was in dispute about the issue of the victim D (56) and village packing, and, on the other hand, the victim’s snow part was frighted to the Defendant; (c) the victim was frighted in a knife with the knife (13 cm in length, 25 cm in total) which is a dangerous weapon that was prepared in advance and brought to the Defendant; and (d) caused the victim’s knife on a one-time basis, and caused the victim’s knife on a one-time basis, one-time flife with the injury of the victim, such as an external chronic pleen, which is open within the chest River in need of approximately three weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D, E, and F;

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

1. A medical certificate;

1. Application of the site photograph, seizure photograph and statute

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1) of the Confiscation Criminal Act include the Defendant’s act of knife, knife, knife, and knife, etc. of the victim’s chest, which may cause death, and the nature of the crime is bad, and the Defendant planned to commit the crime prior to the victim, such as possessing a knife and knife, etc., which is disadvantageous to the Defendant; the Defendant committed the crime; the Defendant’s act is against the Defendant’s perception and mistake; the Defendant is aged over 70; the Defendant has no record of criminal punishment; the Defendant has faithfully made efforts to recover damage, such as the payment of medical expenses, etc.; the victim is able to use and punish the Defendant; and the victim is not subject to punishment; the sentencing conditions favorable to the Defendant and other conditions for sentencing, sex, environment, motive, motive and circumstance of the crime; and the circumstances after the crime, etc., shall be comprehensively considered in the oral proceedings of this case.

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