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(영문) 인천지방법원 2017.09.28 2017고단1967
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

On April 24, 2016, at around 21:40, the Defendant collected a knife knife (22cm in length, 9.5cm in length) from the victim's left side, and knife knife (22cm in length, 9.5cm in length) from the victim's knife to the victim's knife knife that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

As a result, the Defendant carried a knife, which is a dangerous thing, and caused damage to the victim, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and medical certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 of the Criminal Act for the observation of protection and observation [the prosecutor is also seeking the confiscation of No. 1 (explosion excessive 22 cm), but the above excessive knife seems to be used by the defendant while living together with the victim at the victim's place of residence, and thus it is difficult to view it as the sole possession of the defendant, not confiscation.] The reason for sentencing is that the defendant used a knife, which is dangerous to the defendant, causing injury to the victim, and the method of the crime, etc. are not less vulnerable to the defendant. The fact that the defendant did not appear at the designated date of sentencing is committed under unfavorable circumstances, such as the fact that the crime is committed, the fact that the victim does not want the punishment against the defendant, the fact that the victim is the primary offender, and the fact that the health of the defendant seems insufficient, shall be considered as favorable.

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