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(영문) 광주지방법원 순천지원 2018.01.19 2017고단2403
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

1. Special intimidation: (a) on October 31, 2017, the Defendant brought about a food blade (30.5 cm in total length, 19 cm in length) which is a dangerous object at the kitchen c. 4 / 105 'D' located in the front of the main point of "Da (37 / 105 / 105 / 190 m in length) and brought about a knife and brought about a knife, which seems to have brought about a knife to a knife of the said main point; and (b) the victim continued to drive the knife with the knife knife while knifeing the knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant, at the time, and at the place specified in paragraph 1, was on the part of the Defendant, who had his knife from an incurable person during the dispute with E, and had the knife followed it.

To the victim F (36 tax) of E, the victim's face was taken by drinking it, and the shoulder typ (influent materials), which is a dangerous object on the floor, was taken several times by gathering the back head of the victim.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim, such as an open two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. A medical certificate;

1. Application of each statute of evidence photographs;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a special intimidation and choice of imprisonment), Articles 258-2(1) and 257(1) (a) of the Criminal Act concerning the crime;

1. The sentencing conditions under Articles 37 (former part), 38 (1) 2 (main sentence), and 50 of the Criminal Act as well as the following circumstances, such as the defendant’s age, family environment, motive and circumstance of the crime, and circumstances after the crime, shall be determined as ordered by taking into account:

The favorable circumstances: The fact that the defendant recognizes the crime and reflects it, and the victims do not want the punishment of the defendant, and there are many violence records against the defendant.

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