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(영문) 인천지방법원 2016.06.22 2016고단1552
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

At around 00:50 on November 20, 2015, the Defendant thought that the Defendant was recklessly against the Defendant in the Esing room 6 located in Seo-gu Incheon, Seo-gu, Incheon, and, on the other hand, had the Defendant drinked with the Defendant’s friendship of “G”, including the victim F (54 years of age) who was not adequate to give appraisal, and had other behaviors during singing, and caused the Defendant to go home, and then the Defendant knife (20cm in total, 50cm in length, 90cm in length) with the Defendant’s knife gas knife, which is a dangerous object displayed in the main beer, and then, the Defendant knife the victim’s knife with the victim’s knife with the victim’s knife for medical treatment for four days, and had the victim’s knife open to the victim’s knife with the part requiring medical treatment between 4 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. Body photographs and on-site photographs;

1. Police seizure records;

1. Application of statutes in a statement of intention;

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. In light of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act and the method of committing the crime of this case and the degree of injury, etc., the crime of this case is very serious, and considering the possibility of serious consequences, the defendant's strict punishment is required.

However, the execution of imprisonment is suspended in consideration of favorable circumstances such as the fact that the defendant has no previous conviction in the same way, the defendant appears to reflect the depth of the defendant, and the defendant has agreed with the victim, and all of the above circumstances and other factors of sentencing shall be determined like the disposition.

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