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(영문) 부산지방법원 동부지원 2019.05.22 2018고단1343

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On February 15, 2018, at around 18:25, the Defendant brought a dispute with the victim C (the age of 59) due to the cross-driving problem with the vehicle traffic problem, and brought about a transition (the blade length of 9cm) which is a dangerous object in the cargo vehicle of the Defendant and brought about a victim, and the victim faced the victim with the victim's body who was going on the floor beyond the floor. During the process of preventing this, the victim's fingers knife the victim's fingers knife and knife the victim's knife, and continued to knife the victim's knife with the above knife.

The Defendant carried dangerous goods with the victim, thereby causing injury to the victim, such as multi-accidents, which require treatment for about four weeks.

Summary of Evidence

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

1. Statement to C by the police;

1. Photographs of the upper part of the body;

1. A written diagnosis of injury;

1. Each investigation report (Attachment of excessive photographs of the seized article and attach photographs of the victim's upper part of the body);

1. Application of current Acts and subordinate statutes in excess of one percent (No. 1) that has been seized;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentence shall be determined as indicated in the text, taking into consideration the following: (a) the fact that the defendant was driving in a drinking state while driving the vehicle, resulting in the instant crime; (b) the fact that the method and quality of the crime is not good; (c) the fact that it is not possible to recover damage without agreement with the victim; (d) the degree of injury of the victim; and (e) the criminal records of the defendant, etc.