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(영문) 의정부지방법원 2017.02.15 2016고합455
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 10, 2016, the Defendant, at a lodging place located at the “D” site located at Yangju City, on May 10, 2016, and around 20:30, the Defendant, with a knife ( approximately 30 cm in total length, about 20 cm in length, and about 19 knife in one knife and sustained the victim’s right part of the left part of the wall requiring medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury, "on-site photographs and photographs of crime tools" shall be applied to the legislation.

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

1. Article 62(1) of the Act on the Suspension of Execution (The following sentencing conditions are considered as the sentencing conditions specified in Article 51 of the Criminal Act) / [A prosecutor has sought forfeiture of the seized kitchen (Article 51 of the Criminal Act), but it cannot be recognized that the above goods provided in the criminal act are not owned by any person other than the defendant, and thus, the defendant was in the police room and in the house owner F.

Contents stated as “(26 pages of investigation records) and the owner’s column for the list of seizure records (hereinafter referred to as “F”) shall not be confiscated (not 12 pages of investigation records),

The reason for sentencing of this case is that the defendant inflicted bodily injury on the victim in the form of a knife in dispute with the victim, and in light of the fact that the tool used in the crime is a dangerous object that may cause severe bodily injury, and the part and degree of the injury, etc., the crime is not good.

In addition, considering the fact that the defendant has been punished five times due to the same violence crime, there is a need to punish the defendant strictly.

However, the fact that the defendant acknowledges and reflects the facts of the crime, and that it is a crime committed in the course of dispute with the victim with a usual friendship.

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