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(영문) 의정부지방법원 2017.11.28 2017고단3930
특수상해
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A: (a) around 08:00 on June 13, 2017, at the end of the “F” factory “F” located in E in Yangju-si on both sides, and (b) caused a dispute between the victim B ( South, 49 years old) and the smoking.

During that period, the injured person pushed the Defendant, the Defendant, and the victim committed the “scoper part of breast,” which requires approximately three weeks’ medical treatment to the victim using the upper knife in the knife knife of the victim, which is a dangerous object in which he was in possession of the knife.

2. Defendant B, at the date, time, and place described in paragraph 1, had a conflict with the victim A ( South Korea, 59 years of age) due to smoking problems.

During that process, the Defendant, by hand, carried the body of the victim by cutting the body of the victim, followed the growth of the victim by launching the body of the victim, and carried out physical fighting with the victim on the knife of his chest on the knife and the body of the victim on two occasions, and caused the victim's injury, such as "the fnife f f f f f f f f f f f f f f f f f f f f f

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of G and H;

1. Coloric photo;

1. A medical certificate of injury (B) and personal identification photograph;

1. A written diagnosis of injury (A) and the application of statutes governing damaged photographs;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Articles 258-2(1) and 257(1)2 of the Criminal Act: Article 257(1) of the Criminal Act (the choice of imprisonment)

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of a community service order: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The criminal liability against Defendant A is heavy in light of the method, mode, risk, etc. of the instant crime.

However, the defendant shows his attitude to see and reflect his mistake, and the victim does not want to punish him by taking advantage of the defendant.

There is no record of criminal punishment against the defendant.

Social ties are clear and detained by the defendant.

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