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(영문) 대구지방법원 2020.12.16 2020고단5214
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 23:10 on September 12, 2020, the Defendant was living together with the victim D (37 years of age) who was living together in the dwelling area of the Defendant of the Daegu Suwon-gu B building C, and the victim was able to hear the horses from the victim and walked the victim's hair at one time, and walked the side of the victim's hair with a knife (18cc per day, 12cc of knife), which is a dangerous object under the supervision of the head of the kitchen, after walking the knife at one time and walking the side knife on one occasion, and then knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each photograph: the application of the laws and regulations on the knife and knife used for committing the crime;

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 for discretionary mitigation;

1. Although the probationary sentence under Article 62(1) of the Criminal Act threatens the defendant with a knife for the reason of sentencing, and thus, the liability for the crime is not weak, it is revealed that the victim living together with the victim was unable to engage in the act of the victim's gambling, and that the victim was promptly sent to the hospital for treatment in a timely manner. The defendant is in depth and there is no history of punishment; the victim is also able to use the defendant and take advantage of favorable circumstances such as the defendant's age and occupation; the execution of the sentence is suspended after mitigation; in light of the situation of the case, the situation of the case after the case, and the relation with the victim, etc., the risk of recidivism is not likely to occur, and thus the incidental disposition is not imposed. It is so decided as per Disposition for the above reasons.

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