(영문) 대구지방법원 서부지원 2018.07.18 2017고단2745

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(영문) 대구지방법원 서부지원 2018.07.18 2017고단2745

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 September 15, 2017, the Defendant: (a) around 01:45 on September 15, 2017, at a accommodation living together with the victim D(43) located in Jinju-si, and (b) on the ground that the victim was frequently using air conditioners, the Defendant, while under the influence of alcohol, reported that the victim was able to turn on air conditioners, and that the victim was able to turn on air conditioners. (b) On the part of the victim’s knife knife (12.5cm on the knife date, 23cm in total length) with the part of the victim’s knife, which is a dangerous thing in the kitchen, the Defendant inflicted on the victim at a time, such as a hiff, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to parts of the victim's body and photographs of criminal implements;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the fact that the victim was injured by using a knife knife, which is a dangerous object of the defendant; and (b) the fact that the defendant was punished for violent crimes, including the punishment, is an element for sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant led to the confession of the crime of this case, and that the victim did not want the punishment against the defendant by agreement with the victim is an element of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

참조조문

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