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(영문) 인천지방법원 부천지원 2016.04.20 2016고단292
특수상해등
Text

A defendant shall be punished by imprisonment for six 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 November 29, 2015, the Defendant: (a) around Kimpo-si, Kimpo-si, D empty-si, Kimpo-si, Kimpo-si, with the victim E (35 years of age) and F (45 years of age) in D empty-si, while drinking alcohol, collected from the victim E several times an empty-becin disease around the end of the fluencing test, and collected from the victim E a knife (30cm in total length, 19cm in length on the day), which is a dangerous object of shotfing, took the face of the above victim as drinking in his hand; and (b) taken the knife line (Dboard) into the face of the above victim, which is a dangerous object of the victim F face.

As a result, the defendant carried dangerous objects and assaulted the victim E, and suffered injury to the victim F, such as the left-hand side of the victim and the influence, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police interrogation protocol concerning E;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes written diagnosis of injury;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Articles 258-2(1) and 257(1) (a) of the Criminal Act, and choice of imprisonment with prison labor for special assault;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with severe special injury) shall be applied to concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do124, Jan. 1, 2011>

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

1. Circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The instant crime appears to have been somewhat contingent; the Defendant appears to have led to the confession of the instant crime and to have repented his mistake; the victims do not want the punishment of the Defendant; and there is no previous conviction against the Defendant, etc., committed the instant crime using dangerous articles.

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