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(영문) 서울중앙지방법원 2018.05.11 2018고합267

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2017, the Defendant: (a) around 16:45 on August 27, 2017, at the residence of the victim D, related persons in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, and 201 Dong 517 on the ground that the victim demanded separate treatment; (b) on the part of the victim, the victim was satisfed with his/her face and body face with his/her hand on the part of the victim; (c) upon reporting to the police, the victim satisfed 2 knife knife (19.5 cm in length, 18.5 cm in each knife, 19.5 cm in each knife); and (d) on the part of the victim’s left arms one time to prevent them, thereby reporting about about 3 weeks of the victim’s face, satisfying the part of the victim, satisf and other injury.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the examination of suspects of D;

1. Coloric photo;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of applicable sentences under law: Imprisonment for six months to five years; and

2. Scope of recommended sentences based on the sentencing criteria: In cases of special injury crimes under the Criminal Act, non-Sentencing criteria shall be set;

3. The crime of this case, which was determined by the sentence, was committed by the Defendant with regard to the victim, and the victim was injured by the knife knife, which is a dangerous object, during the dispute with the victim demanding a separate judgment, and is not a minor crime

However, the fact that the defendant recognized the crime of this case and reflects the mistake, the fact that the defendant seems to use the knife in the nearest situation at the time, and the degree of the injury suffered by the victim is not much excessive.