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(영문) 대구지방법원 2019.02.15 2018고단5511
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 9, 2018, the Defendant: (a) around 01:15 on September 9, 2018, on the ground that the victim D (year 26) was living together with his workplace and living together with a person living together with the victim, and took the victim’s face by drinking home, and used it on the floor; (b) kitchen knife (not less than 30cm in total length, not more than 20cm in knife length) which is a dangerous thing in the main room; and (c) sustained the victim’s knife the part of the victim’s knife, which was used on the floor, tried to prevent the victim from doing so, and sustained the victim’s left hand knife and knife the victim’s treatment period cannot be known.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to field photographs, body photographs, and photographs of criminal tools;

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

1. For the reason of sentencing under Article 62(1) of the Criminal Act, the Defendant’s crime of this case with the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution is highly dangerous under the applicable law, in light of the following: (a) the victim was injured; (b) the degree of injury was not provided; and (c) the Defendant was punished for the same kind of injury only once.

However, the fact that the victim does not want the punishment of the defendant under the agreement with the defendant, and the fact that the defendant is against the defendant shall be considered in favor of the defendant.

In addition, the sentencing conditions under Article 51 of the Criminal Act, such as the motive and background leading up to the instant crime, the relationship between the Defendant and the victim, and the age, character and conduct of the Defendant, shall be determined as per the disposition.

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