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(영문) 광주지방법원 2017.03.08 2017고단15
특수상해
Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Punishment of the crime

On July 17, 2016, the Defendant: (a) around 22:40 on July 17, 2016, around 22:40, on the ground that the victim C ( South, 35 years of age) of the Dong-gu Seoul-dong, Gwangju-gu, and the victim C ( South, 35 years of age) without a specific occupation was cruel on the ground that the victim was hick humbs.

"A dangerous object, which has been placed in a kitchen with a defect of the bath theory, was a kitchen knife (12 cm by hand, 18 cm by knife) with the left shoulder part of the victim once by a knife and a knife with the number of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of blade photographs (14 pages of investigation records) and photographs of victims (23 pages of investigation records) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. The sentencing criteria are not set;

2. Determination of sentence: Imprisonment with prison labor for one year (two years of suspended sentence), and all of the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances surrounding the crime and circumstances after the crime, shall be determined as ordered by the court.

Unfavorable circumstances: The knife of the victim with the kitchen knife is not easy to knife.

The results of punishment for violent crimes, including being sentenced to a suspended sentence of imprisonment with prison labor, have reached five times.

The favorable circumstances: there are some circumstances that may be taken into account the circumstances leading to the instant crime, such as the victim’s desire first to the Defendant and the flaging of the drug.

Since then after the damage occurred, the victim expressed his intention not to punish the defendant as a result of marriage with the defendant.

The crime has been led to confession, and the mistake has been divided.

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