(영문) 수원지방법원 2017.04.21 2016고단7920

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(영문) 수원지방법원 2017.04.21 2016고단7920

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

On November 6, 2016, the Defendant, at around 23:44, and around 23:44, suffered an assault, such as taking a bath against the injured party, who was under the influence of alcohol, on several occasions, due to his/her desire to take the head by drinking together with his/her desire, and inflicted an injury on the injured party, such as the refincing of the body of the victim, which is a dangerous object in the main room at the place (the total length of 19.5cm, 9.5cm in the blade length of knife), once a fnife and the victim needs to take approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the preparation and statement of each amnesty against D and B;

1. Investigation report (report on dispatch to the scene by a police officer), investigation report (record recorded by a reporter at the time of 119), report on results of field identification, diagnosis report, and response to a request for appraisal;

1. Photographs (the photo taken by the defendant in his/her hands) and photograph;

1. Application of Acts and subordinate statutes to the records of seizure and photographs of seized articles;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

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 Confiscation Criminal Act - the circumstances unfavorable to the sentencing - the victim has reached the knife on the well-known list, which is another knife, and the victim could have caused the death of the victim. The nature of the crime is pleasurey in that the victim could have caused the death of the victim. - the favorable circumstances - the defendant recognized the facts of the crime and is in depth and reflects all the facts of the crime. The victim is not subject to the punishment of the defendant. - The defendant has no record of punishment. All the sentencing conditions revealed in the oral proceedings

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