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(영문) 서울동부지방법원 2018.12.07 2018고단3314

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

Reasons

On October 20, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence in the original prison on February 25, 2017.

Criminal facts

The defendant is a victim B (57 years of age) and a middle school Dong-dong in 40 years of age.

In around 01:30 on October 4, 2018, the Defendant, at “D” store located in Gangdong-gu Seoul Metropolitan Government, and during the process of drinking s and alcohol, he/she borrowed money to his/her branch, including the victim, during the process of drinking s and drinking s and became aware of his/her age from the victim.

The end of the word "Malaman," "Mala," which was followed by water, purchased a kacker knife (3cm in length, 19.5cm in total length) which is dangerous at a convenience store in the vicinity of the Republic of Korea, and caused damage to the left-hand part of the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of E and F preparation;

1. On-site photographs and knife photographs;

1. A protocol of seizure and a list of seizure;

1. Investigation reports (related to the oral statement of the victim), investigation reports (related to the injury of the victim), investigation reports (related to the attachment of photographs of the victim), investigation reports (limited to CCTV purchased with a suspect), investigation reports (attached to CCTV purchased with a suspect), and investigation reports (Submission of diagnosis reports);

1. Photographss, CCTV images, closure photographs, etc.;

1. A medical certificate;

1. Previous convictions: Inquiries about criminal history, investigation reports (verification of the date of release of a suspect A), and application of Acts and subordinate statutes concerning personal confinement;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] / the group of violent crimes, the injury of repeated crimes by special injury, and the aggravated factors of Type 1 (Special Bodily Injury): the serious injury (person subject to general sentencing): The aggravated factors of mitigation of repeated crimes of this type: the aggravated reflect [the scope of recommended punishment]: One year to three years.