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(영문) 수원지방법원 2020.08.12 2020고단2057

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 to 3 shall be confiscated, respectively.

Reasons

Punishment of the crime

At around 02:45 on March 19, 2020, the Defendant: (a) talked with the victim B (Nam, 20 years of age) who was not good in the light children’s park located in Gicheon-dong 1056, Gicheon-dong 1056, and was in possession of “the knive credit knife of width”, and (b) laid the victim’s right part of the victim’s right part over the floor, thereby damaging the victim’s land damage, etc. requiring approximately two weeks of treatment.

Summary of Evidence

1. The police statement concerning B;

1. Statement of the police with respect to C and D;

1. Each investigation report (investigation intoCCTV) and investigation report (Attachment to the closure of CCTV in the park);

1. Seizure record and list;

1. A medical certificate;

1. Application of field photographs, victim photographs statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. The summary of the argument was that the defendant had a knife at the time of the instant case, but the defendant knife himself and did not knife the victim's knife.

The defendant's knife knife in the defendant's knife of the victim's knife after the victim's knife, which led only to the knife of the victim's knife.

2. Determination

A. According to each of the above facts admitted, the following facts can be acknowledged.

① At the time of the instant case, two knife additional knife was installed in the lower part of the Defendant’s knife, and each knife was included in the knife.

② At the time of the instant case, the knife in the two knife in the direction of the Defendant’s left hand has taken place in the knife of the knife in the addition of the knife, and the part below the victim’s right ear knife in the knife.

(3) The defendant shall be present at the victim's seat.