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(영문) 부산지방법원 2017.05.25 2017고단651
특수상해
Text

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

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

Reasons

Punishment of the crime

At around 00:00 on December 27, 2016, the Defendant thought that it is a dangerous thing that had been in danger to the wife of the Defendant, the victim C (46 cm) who is a ward with the workplace located in the Defendant’s house, at around Busan Gangseo-gu apartment house and the Defendant’s house located in the Defendant’s house, and thought it is a incompact relationship with the Defendant’s wife, and put the kitchen knife (32 cm in total length, 21 cm in length in total, 32 cm in length, and 21 cm in length) on his hand. The Defendant kept the kitchen fighting with the victim while the victim was flicked by the Defendant, and the victim was flife with the victim, who was flicked in the kitchen, and was flife with the victim’s finger, who was unable to know the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. - Photographs (knife), records of seizure (voluntary submission), voluntary submission, list of seizure and search;

1. - Application of Acts and subordinate statutes to photographs (victims).

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55 (1));

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 that the case was caused by the knife knife, which is a deadly weapon, to the injured party, and its method and contents are considerably poor.

However, there are also circumstances favorable to the defendant, such as the fact that the defendant commits contingent crimes, the degree of injury of the victim seems not to be serious, the fact that the victim has agreed smoothly with the victim, the violation of the crime, the defendant has not been sentenced to a fine of 200,000 won due to the crime of injury in 196, and the defendant has not been sentenced to a fine of 200,000 won, and

The punishment as ordered shall be determined in consideration of these various circumstances, the age, character and conduct, environment, etc. of the defendant.

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