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(영문) 인천지방법원 부천지원 2018.08.09 2018고단1062
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 11, 2018, at the defendant's house living room located in Seocheon-si C 302 around 18:10 on January 11, 2018, the defendant makes a cigarette smoking to the victim D (16:3) who is the defendant's friendship.

Admoning on the ground that the victim gave a warning, but the victim was saluted, the victim was saluted, and the victim was saluted with one hand by cutting down the salute with the wall.

Accordingly, the Defendant, who was said to be genuine by the victim, had the kitchen (30cm in total length, 18cm in length) which is a dangerous thing in the kitchen in which the Defendant was living together, had the kitchen, and had the victim fright with the victim. In order to prevent this, the Defendant got off the left hand of the victim who was taken out by the arms, and suffered injury such as the mouth of the head of the body of the back, the opening of the body, etc. before the left side of 6 weeks or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to medical certificates, opinions, and photographs of injuries taken during an operation;

1. Relevant Article 258-2 (1) of the Criminal Act, Article 258-2 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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 community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act (hereinafter “Confiscation”) - the Defendant acknowledges and reflects the mistake.

- The Defendant cut off the victim’s left hand, which is a deadly weapon, with a considerable amount of knife, and the quality of the instant crime is not very good.

The degree of injury is very important because the victim is presumed to suffer from a disability after treatment.

The victim was suffering from considerable physical and mental pain due to the defendant's crime.

- in so far as the injured does not want the punishment of the defendant by agreement with the injured party.

Although there was a temporary conflict with the victim, the defendant was in an infinitely infinite relationship.

I seem to appear.

At present, the victim is living together with the mother's father.

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