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(영문) 인천지방법원 부천지원 2021.01.13 2020고단47
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

The defendant is a person who was living together with the victim B (33) in a relationship with the victim.

On November 3, 2019, the Defendant: (a) around 10:30 on Gampo-si, Gampo-si, Gampo-si, Gampo-si, Gampo-si, Gampo-si, Gampo-si, Gampo-si, Gampo-si, the Defendant: (b) OOOO, which is a dangerous object of the victim’s disregarding himself; (c) 30cm in total length, 18cm in length; and (d) 5 cm in front of the victim’s right side glass; (c) 30cm in front

Accordingly, the defendant injured the injured person by carrying dangerous objects.

Summary of Evidence

1. Protocols of seizure and list of seizure of police statements concerning the defendant's legal statement B;

1. 112 Reporting case handling table;

1. Application of on-site photographs and statutes governing damaged photographs;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 44-2 of the Medical Care, Custody, etc. Act is for the crime of this case where the defendant inflicts an injury on the victim using a knife, which is a dangerous article, and thus, there was a concern for causing a serious accident of human life.

However, the fact that the defendant has no record of criminal punishment, the fact that the victim does not want the punishment by agreement with the defendant is favorable to the defendant.

In this context, considering the fact that the defendant was suffering from depression and is likely to have difficulty in controlling impulses, it is necessary to treat him as well. In addition, considering all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment as set forth in the text shall be determined.

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