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(영문) 인천지방법원 2016.04.28 2016고단1225
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

피고인은 2016. 2. 18. 21:15 경 인천 중구 C에 있는 D 식당 앞길에서, 피해자 E(41 세) 이 평소 피고인의 지인인 피해자 F(44 세) 로 하여금 밥값을 지불하게 하는 등 F를 괴롭힌다는 이유로, 근처에 주차된 피고인의 차량에 있던 위험한 물건인 사시미 칼( 칼날 길이 약 25센티미터) 을 들고 나와 피해자 E의 배 부분을 찌르려 하고 이에 피해자 E이 도망가자 그를 향하여 위 사시미 칼을 휘둘러 피해자 E의 오른쪽 약지와 소지 등을 벴다.

The Defendant continued to restrain the Defendant, on the ground that the Victim F was the victim F, sent the victim F his knife knife, which is a dangerous object, to the victim F, and when the victim F’s head and face part, and the victim F’s knife the knife of the face part, and the victim F’s bridge, etc.

As a result, the defendant added the victim E to the victim E a part of the need for treatment for about 14 days, and the victim F was the victim F a part of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. Seizure records;

1. Application of Acts and subordinate statutes, such as photographs of damaged parts, deadly weapons, on-site photographs, damaged photographs, diagnostic certificates, CCTV images to take a photograph and an agreement thereon;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. After the prosecution of this case was instituted, the defendant with reasons for sentencing under Article 48 (1) 1 of the Criminal Code of Confiscation has agreed with the victim smoothly, and the victim does not want the punishment of the defendant any longer.

The defendant did not commit any other crime for more than eight years since he entered Korea, and it seems that he supported three families and has lived faithfully.

The defendant's age, sex, environment, motive and circumstance of the crime.

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