(영문) 창원지방법원 통영지원 2018.12.12 2018고단1108

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(영문) 창원지방법원 통영지원 2018.12.12 2018고단1108

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2018, the Defendant met the Victim C (Woo, 55 years of age) at the Yongsan-si B around 11:00, and then 19:00 of the same day, the Defendant forced the rest of the victim who wish to continue to be in existence with the victim, and brought the victim with the thickness of sending the victim “only a defect of talk with the house, a taxi with the taxi.”

The phrase " was moved to one's house together with the victim."

At around 21:00 on the same day, the Defendant listened to the horses of the Defendant’s house located in Sinyoung-si, 21:00, and continuously expressed the victim’s hand on his hand the knife knife knife, which is a dangerous object in which the victim’s hand knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Report of investigation ( photographs of parts to be damaged and deadly weapons);

1. Application of Acts and subordinate statutes to report internal death (attached details of hospital treatment);

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is against the defendant's recognition of the crime of this case, the fact that the defendant agreed with the victim, the fact that the defendant did not have any serious injury to the victim is favorable to the defendant. Meanwhile, the fact that the defendant has been punished several times due to the same kind of violent crime shall be taken into account under the circumstances unfavorable to the defendant, and other factors such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime shall be determined by comprehensively considering various sentencing conditions under Article 51 of the Criminal Act.

참조조문

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