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(영문) 대구지방법원 상주지원 2018.10.02 2018고단208
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 April 25, 2018, the Defendant: (a) was at the residential marina hall located in Sinhyeong-si B around 22:40 on April 25, 2018; (b) was at the victim C (S) (S) who was present at the face of her wife, and was at the seat of her wife, and was at the victim’s “C”.

In the form of “to die,” the hacker, which is a dangerous thing in the vicinity of the present room, hacker (21 cm, 12 cm in length, 12 cm in diameter, 2.5 cm in diameter) knife the part of the victim’s head knife one time in his hand, and continuously hacker the victim’s right knife and knife the victim’s right knife.

As a result, the Defendant carried dangerous things with the victim and inflicted an injury such as “two-time open wound” in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against C;

1. A medical certificate;

1. A response to a request for appraisal and a gene appraisal report;

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

1. Application of each internal investigation report (No. 1, 6, and 7) and each investigation report (No. 9, 11, 14, and 19) statute

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. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Protection and observation, and community service work, under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act for the crime of this case is that the crime of this case is not very good in light of its tool, price adjustment, etc.

It shall be taken into account in unfavorable circumstances.

However, it is advantageous to the fact that the defendant recognizes and reflects all crimes, that the injured person is not subject to the punishment of the defendant by agreement with the victim, and that the defendant has no special criminal record except that sentenced to a fine on several occasions due to a violation of the Road Act, etc.

The age, family relationship, degree of injury, etc. of the accused.

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