(영문) 수원지방법원 안산지원 2017.09.08 2017고단2077

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크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2017.09.08 2017고단2077

특수상해

Text

The sentence of sentence against the defendant shall be suspended.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is between the victim B (51) and the workplace rent, which is located in 113 U.S. as well as in 1 copy C of the car sub-factory seal.

On July 15, 2017, at around 12:25, the Defendant: (a) committed a dispute with the victim on the grounds that the victim would have a big string of television sounds or other friendship, and (b) inflicted an injury on the victim’s left side by taking out jack naf (9.5cm in length), which is a dangerous object in the west, which was a dangerous object in the west, and making it difficult for the victim to know about the number of days of accurate treatment, and then, (c) caused the injury to the victim by a knife in the above left side of the above port where it is difficult for the victim to know about the number of days of accurate treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim B;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (as to submission of a victim's death diagnosis report);

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

1. Article 53 of the Criminal Act for mitigation of small amount;

1. Six months of imprisonment to be suspended;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. Taking into account the fact that the risk of the victim’s act with a knife with the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, or the actual victim had been subjected to a knife surgery, the nature of the crime is not somewhat weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant has recognized his/her mistake; (b) the Defendant committed a contingent crime while suffering from considerable stress, such as depression, due to family health problems; (c) the victim was smoothly agreed with the victim; (d) the victim does not want criminal punishment against the Defendant; (e) there is no criminal history; (d) the Defendant’s workplace pay and other surrounding persons want the Defendant’s wife; and (e) the sentencing conditions as shown in the trial process, such as the Defendant’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc.,

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