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(영문) 창원지방법원 2018.08.10 2018고단1484
특수상해
Text

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

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

Reasons

Punishment of the crime

On March 9, 2018, the Defendant demanded the return of the deposit to the victim at the residence of the victim D (62 cm) located in the window C at Changwon-si, Changwon-si. On March 23:20, 2018, the Defendant went to the victim with a knife knife (34cm in total length, 21cm in length) which is an object dangerous to be prepared and put in danger between the victim and the victim in advance. When the victim was deprived of the knife, knife, knife the face of the victim by hand, and knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. A medical certificate of injury (45 pages of evidence record);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is a food knife that the defendant prepared in advance, thereby harming the victim several times to commit a dangerous act that may threaten the life of a person, and thus, the responsibility for the crime is not exceptionally imposed.

However, the defendant reflects his fault in depth.

As the lease deposit amount is not refunded to the injured party for the lapse of several months after the expiration of the lease term, it seems that the victim has lost the power to control and interest in this case while demanding the return of the lease deposit to the injured party. Therefore, there is no circumstance to consider the situation.

At the time, the knife portion was covered by several cases, so it is acceptable to the defendant's change that the knife knife brought the knife on the idea of the initial threat only, and that the knife knife knife was knife with the victim at the time, but the knife was knife with the victim, but did not inflict an injury on the body of the victim.

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