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(영문) 서울중앙지방법원 2019.03.14 2018고단8445

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

At around 05:30 on October 21, 2018, the Defendant, at the house of the Defendant of the Gwanak-gu Seoul Special Metropolitan City B building C, and on the ground that the Defendant, who is not healthy, d (24 years of age), demands the Defendant to fincate, the Defendant d (24 years of age) a male-child-born victim, who was a kitchen in the kitchen, followed the kitchen knick in front of the victim, and sound the Defendant, “I will slick to slick,” with the kitchen string in front of the victim.

Nevertheless, as the victim speaks that “I are not superior, I would like to do so”, I would like to make the part of the back part of the victim’s left side with the kitchen knife (31cm in total length, 19.5cm in knife, 19.5cm in length, No. 1) which was used by the victim by the sound, "I would like to cause the difference between the knife and the knife, and 2.5cm in length.

As a result, the defendant used a kitchen, which is a dangerous thing, to inflict bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

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

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The fact that the crime was committed with the awareness of the reasons for sentencing under Article 48(1) of the Criminal Act is not good and there is an enemy who was sentenced to suspended sentence for the same crime.

However, considering the fact that the same criminal records were about 10 years prior to the occurrence of a crime, the victim who was dead due to a contingent crime does not want the punishment, the punishment shall be determined within the scope of the sentence specified in the sentencing guidelines in consideration of the defendant's age, character and conduct, environment, etc. and the circumstances constituting the conditions of sentencing specified in the proceedings in this case.