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(영문) 인천지방법원 2018.07.27 2018고단3995
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 1, 2018, at around 17:30, the Defendant, while drinking together with the victim D (56 taxes) within the residence of the Defendant, which is located in building B C of the Nam-gu Incheon Metropolitan City building B, had a horse dispute. On the other hand, the Defendant got out of the kitchen, which is a dangerous thing after holding the victim's clothes once after holding the kitchen knife, and got out of the kitchen knife for about four weeks, and sustained the victim's parts such as the victim's knife, etc., and suffered an injury to the open top of the runway.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (as to the treatment of a suspect's personal injury, visit and investigation of a victim, the cases of seizure and seizure of a trace of blood, the statements made by a victim on the part of an injury, and replys based on the results of genetic analysis);

1. A written diagnosis and reply to a request for appraisal;

1. Application of the provisions of the Acts and subordinate statutes to photographs of on-site (flame, kitchen blade, etc. of the suspected person's residence), photographs of the victim's body, pictures of the scene, pictures of taking the genes of the kitchen and kitchen knick, photographs of collecting genes, photographs of seized objects, photographs of the suspect's residence, and photographs worn by the victim at

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

1. The defendant's crime of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (the following circumstances favorable to the reasons for sentencing) of the Act on the Mitigation of Small Quantity is under the influence of alcohol, with the kitchen knife, which is a dangerous thing after giving the victim's clothes one time after giving the victim's clothes. The crime is extremely poor in light of the form and method of the crime.

The victim is deemed to have a Grade 3 intellectual disability, and there is a considerable amount of knife in the knife at the time of committing the crime, and the possibility of criticism for the crime can not be denied in that there was a knife relationship with the defendant.

In the police investigation, the Defendant made a statement to the effect that the crime is not memory, and the risk of the crime was also reasonable.

The defendant has a past record of criminal punishment on 11 occasions, and criminal records of violent inclinations are committed six times.

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