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(영문) 인천지방법원 부천지원 2017.11.10 2017고단2101
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 06:00 on July 26, 2017, the Defendant requested refund of the drinking value calculated by the victim C (W) from the “D” drinking house operated by the victim C (W, 46 years of age) in Bupyeong-si B, but the victim refused this request. However, the victim rejected the request, and the victim went beyond the victim’s head knife by cutting the knife and cutting the knife of the victim’s head knife, cut the victim’s knife by drinking knife, and sustained the victim’s head knife, which is a dangerous object, and suffered injury, such as brain-dead, etc. without any two open knife for treatment between about 20 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (2) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant reflects his mistake; (b) the Defendant agreed smoothly with the victim; and (c) the nature of the crime is not good; and (d) the Defendant’s history of having been punished three times or more due to the crime related to violence is considered as a disadvantageous condition; and (c) the sentence like the order is determined by taking account of various sentencing conditions as shown in the instant argument.

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