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(영문) 수원지방법원 평택지원 2018.09.07 2018고단1260
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the friendly relationship of the victim C(54) and is the third degree of relationship of the victim D(32) who is the child of the victim C.

On July 20, 2018, the Defendant, from the victim C, who sold a heavy tea to the Defendant, failed to pay the purchase price, etc. on the road 96-dong 21:35, the center of Eup, Myeonn-si, from the victim C, the Defendant, who sold the heavy tea to the Defendant, was living in the Defendant’s house, and her face of the victim C several times with the beer-kick (1 cm in length and 2 cm in length) that is a dangerous object used in the Defendant’s house. The Defendant her knife knifeed the victim D's knife that knifed.

Ultimately, the Defendant committed either an open wound open to the victim C, an injury to an internal inception, and an injury to an internal inception, which requires treatment for about 10 days, and an injury to the victim D, which requires treatment for about 10 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Police seizure records and list of seizure;

1. Each written diagnosis;

1. Application of each statute on photographs;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The crime of this case is a case in which the victims are injured by the knife who is a dangerous article, and thus there is no favorable circumstance that there is a high possibility and risk of criticism: confession, reflectivity, criminal records of the same kind and fine; victims have not been seriously injured; victims have not been seriously injured; and victims have not been punished by agreement with victims and have not been punished against the defendant; and other factors such as age, family relation, and criminal history: imprisonment with prison labor for a year, two years of suspension of execution, order of observation of protection, and order of confiscation or more. It is so decided as per Disposition.

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