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(영문) 춘천지방법원 원주지원 2016.04.05 2016고단68
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 4, 2016, the Defendant: (a) around the packaging 23:00 on the back of the Jinsung-gun B, Gangwon-do; (b) on January 4, 2016, and (c) on the victim C (38 years old); and (d) the victim said that the victim would not speak

For the reason that he saw the victim's face by drinking in both hands three times, and entered a package package, and puts a dangerous weapon (23 cm in total length, 13 cm in length) in his hand, and puts the victim who tried to avoid it over the floor as the victim bruted with a dangerous weapon in that place.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as “influences on the side of the water and salt,” which require treatment for about 21 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reporting on the arrest of a case;

1. A written diagnosis of injury;

1. Application of the statutes governing victims and excessive photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the Defendant, who is a sentry, frightened, frightened the victim and knife the victim. The victim could have led to a big injury in the event that the victim did not avoid it. Thus, such behavior of the Defendant is very dangerous.

However, there is no record that the defendant reflects the mistake, agreed with the victim, and was punished for the same crime.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.

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