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(영문) 전주지방법원 2019.05.14 2018고단2048
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around September 2018, the Defendant suffered special injury: (a) around 20:50 on September 8, 2018, the victim C, who had a relationship of interest with the Defendant’s house located in B, had a telephone conversation with another male, and was in dispute with the other male, and the victim’s face and telegraph was about 20 times with approximately 120cm in length, which is a dangerous object used as soon as he/she has dried.

In this respect, the defendant carried dangerous articles and carried about about four weeks of medical treatment to the victim.

2. The Defendant, at the time and place specified in paragraph 1, said that the kitchen knife (30 cm in total length, 18 cm in length) is a kitchen knife for the victim, which is a dangerous thing that had been placed in the kitchen knife continuously.

Accordingly, the Defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Seven copies of the victim and on-site photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the statement;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act with regard to probation and community service order, in that the victim suffers an uneasible injury with goods, and the kitchen knife with the kitchen knife and threatened the victim, the crime is not good;

However, in consideration of the agreement with the victim and the absence of the same criminal power, etc., the punishment as the order shall be determined.

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