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(영문) 인천지방법원 2017.04.26 2017고단1303
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 19:50 on January 8, 2017, the Defendant, while drinking alcohol together with the victim D (62 cm) on the ground that the victim did not d's diving, set a knife part of the victim's knife (27cm in total length, 13cm in length) with a knife, which is a dangerous object at the victim's knife and knife, where the number of days of treatment cannot be known.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs (a list of investigation pages No. 11 through 15);

1. The reason for sentencing under Article 48(1)1 of the Social Service Order Act (amended by Act No. 48(1) of the Criminal Act, which is favorable under Article 62(1) of the Act on the Suspension of Execution of Article 257(1) of the same Act as to the crime, is as follows: (a) comprehensively taking into account the following circumstances: the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence is determined as ordered.

The favorable circumstances: The defendant confessions himself as to the crime of this case, and reflects his mistake.

The injured person strongly expressed his intention to not punish the accused.

There is no past record of punishment of imprisonment without prison labor or heavier punishment.

D. Unfavorable circumstances: The nature of the crime is not good for committing the crime that inflicts bodily injury on a dangerous object.

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