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(영문) 인천지방법원 2017.03.23 2016고단8729
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized knife knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On October 23, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence at the Ganpo Prison on October 5, 2014.

[Criminal facts] Around December 8, 2016, the Defendant had resided in the front corridor of 303, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon at around 21:30 on December 8, 2016 in the above C building 303.

D and the victim E (40) of the victim E (40) who flicked in his or her own flicked in this residence, and the defendant's dwelling c. 302 of the above C building 302, with a knife (30cc in total length, 20cc in knife, 20cc in knife, knife No. 1) and the above C building 303, knife the entrance of the victim by opening the entrance, and knife the victim's knife with a knife with a knife that knife that knife the victim's body.

As a result, the defendant carried a dangerous knife, which is a dangerous thing, brought the victim a knife of treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records, list of seizure, and evidence of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and reporting on investigation (report on re-offending during the period of repeated offense of the suspect);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The degree of injury on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act is minor, and even though the victim agreed with, the defendant began from the fact that the crime was committed during the period of repeated crime, there are several criminal records for the same kind of crime, and the reflectivity began from the fact that the prosecutor recognized all of the crimes, but the defendant is suspected of the serious anti-discrimination because he denies the facts of the crime in court, and the circumstances leading to the crime in this case, character, conduct and environment of the defendant, etc. are considered.

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