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(영문) 서울동부지방법원 2020.07.21 2020고단1502

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2020, at around 14:30, the Defendant, at the Defendant’s residence in Gangdong-gu Seoul Metropolitan Government B apartment C, taken the kitchen knife (27.5cm in total length, 15cm in knife) which is a dangerous thing in Washington, and took the victim’s cell phone, and took the flife with the victim D (at the age of 54).

Therefore, in order to prevent the victim from taking the hand of the defendant, the defective defendant tried to take the knife his hand and take the knife his hand, and the defendant gets the victim's left hand with the kitchen knife and knife his head.

As a result, the defendant carried a kitchen, which is a dangerous thing, and carried the kitchen and a kitchen with which the number of days of treatment can not be known to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. On-site photographs, kitchen photographs, kitchen photographs, and photographs of the injured part of the victim;

1. Emergency medical services log;

1. Application of Acts and subordinate statutes to investigation reports (emergency medical records centers);

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. All kinds of sentencing factors, including the fact that the defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act was under the influence of alcohol, resulting in an contingent crime, the degree of injury is not severe, and there is no criminal record exceeding the fine.