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(영문) 창원지방법원 통영지원 2016.03.31 2016고단74
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

The Defendant was temporarily living together with the victim C (Y, 50 years of age) and about four years of age, and around December 27, 2015, at around 23:15, the Defendant was locked at his/her dwelling space located in Dong-si, Tong-si around December 27, 2015. However, the Defendant, who was able to hear the remaining interest due to a female from the victim who was late home at the late time of drinking alcohol, she was her hand about three times, and continued to have the kitchen-car (total length, 30cm, 20cm) which is a dangerous object in his/her place, and the Defendant was her part of the kitchen-car (total length, 30cm, blade length, 20cm).

“Along with the kitchen of the above kitchen, the victim had an open room for the part in need of approximately one week medical treatment.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Sentencing sentencing of Article 48(1)1 of the Confiscation Criminal Act provides that the nature of the crime of this case where the defendant inflicted bodily injury on the victim in a knife, which is an article dangerous to the defendant, is not good, and the defendant's primary crime is not sufficient. The injured person by the agreement with the victim does not want the punishment of the defendant, and the injured person does not want the defendant's age, sex, relationship with the victim, circumstances leading to the crime, means and result of the crime, the circumstances after the crime, etc. are considered, and all the sentencing conditions mentioned in the records and changes theory are determined as above.

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