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(영문) 대전지방법원 서산지원 2018.06.28 2018고단321
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 9, 2018, at the time of public housing around 23:40 on February 23:40, 2018, the Defendant stated that the victim D (34 years) who is the Defendant, would not take a bath to the Defendant E (the 33 years of age) who is the Defendant or the victim E (the 34 years of age).

At the same time, soldiers laid the wall with the shoulderer and dangerous objects, display it to the victim E, put the victim E with knife on the left part of the victim E, put the victim E with fnife an aesthetic injury on the number of days of treatment on the left part of the victim E, and continue to inflict the victim D with the above flife flife flife flife flife flife flife flife flife flife flife of the victim D, and flife flife flife flife,

In this respect, the defendant carried a broken-in disease click, which is a dangerous object, and inflicted an injury on the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Explanation of the photograph (victim D's photograph);

1. Application of field photographs and statutes on victim photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 Act on the Suspension of Execution are not prescribed in light of the Act on the Punishment of Crimes in this case. However, the injury of victims is not severe, the victims do not want to be punished by the defendant, the victims have become contingent, and other factors such as the defendant's age, sex, environment, relationship with victims, details of the crime, circumstances after the crime, etc. are considered, and the sentence is determined as ordered by the Ordinance of the Ministry of Justice.

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