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(영문) 대전지방법원 2018.04.13 2018고합9
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 12, 2017, the Defendant stated in D in Daegu-gu, Daegu-gu, about 08:45, that, on the ground that the Defendant did not repay the money borrowed among the victims E (47 tax) who were known to the Defendant, he she saw the victim’s flab, and she was flabed and flabed. The Defendant flabed the victim’s flab, “in any case, dead and flab,” and the victim’s left part of the instant bill of indictment in this case, which is a dangerous object, one time with a knife for the number of days to be treated, stated that the Defendant’s remaining part of the victim’s left part is “necessary to receive approximately two weeks’ medical treatment,” but according to the evidence record, it is apparent that the treatment is an injury on the number

On the left side of ear, the injury was inflicted on the heat, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Medical certificates (E);

1. Application of the Acts and subordinate statutes on the body photograph of the victim E;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Application of the sentencing criteria: Whether the sentencing criteria are not set; and

3. The Defendant, who was sentenced to a sentence, has inflicted an injury on the victim using a knife knife, a dangerous article, and the liability for such offense is not somewhat weak.

However, it appears that the defendant recognized the crime of this case and reflects it, and the victim agreed smoothly without wanting to punish the defendant, etc. are favorable circumstances.

Such circumstances and other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime of this case, and various circumstances, which form the conditions for sentencing as shown in the records and arguments of this case, shall be comprehensively considered, and the punishment shall be determined as per the order.

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