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(영문) 의정부지방법원 2017.09.13 2017고단3363
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no certain occupation and has resided in the first floor of the victim C (V, 61 years of age) from March 2017.

On July 16, 2017, around 08:10 on July 16, 2017, the Defendant asserted that the Defendant would be in front of the victim’s house located in Namyang-si D, and that the Defendant would be in front of the Defendant’s room, and that the Defendant would be “not in the place of human life” to the victim. However, whether the victim would not become a director.

The remainder, such as “the victim’s disregarding himself,” cited excessive (10cm in length) that is dangerous to the defendant’s room, and added the part of the victim’s clothes to approximately two weeks of treatment to the victim once, and opened the part of the knife and the part of the knife in order to provide approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against each prosecutor of the defendant;

1. Each police statement made with respect to C, E, and F;

1. Police seizure records and list of seizure;

1. A medical certificate;

1. An investigation report (in the case of a visual survey conducted by the City Tympire - the visual screen screen of the Si Tympire and the visual screen screen of the City Tympire);

1. Application of Acts and subordinate statutes to field photographs, seized objects photographs, and damaged photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts of the relevant crime;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The reason for sentencing of Article 48(1)1 of the Criminal Act for forfeiture (not setting the sentencing criteria) is that the defendant, who is a dangerous object, inflicted an injury on the victim, and the criminal liability is heavy in light of the risk, etc.

However, the defendant recognized his mistake and is in profoundly against himself.

In agreement with the victim, the injured person does not want to punish the accused.

There has been no history of punishment in excess of fine until now.

It seems that the present state of health of the defendant is not good, and the wife and the branch of the defendant want to take the action against the defendant.

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