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(영문) 춘천지방법원 2018.09.17 2017고단1020

특수상해

Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

At around 10:30 on August 16, 2017, the Defendant, while drinking alcohol together with the victim C (65 years of age) and D on the part of the Defendant’s dwelling in Gyeyang-gu, Yangyang-gun, Yangwon-gun, had the victim take a bath to the victim on the ground that the victim did not answer. On the other hand, the Defendant inflicted an injury on the victim, such as “the victim’s head may take a knife with a knife with a knife of 20cm length in knife in knife and knife with a knife in knife in knife and knife with a knife with a knife with a knife with a knife with a knife and knife with a knife with the victim.”

Summary of Evidence

1. A protocol concerning the examination of partially the police officers against the accused (net 12);

1. A protocol concerning the interrogation of the police in relation to C (net 13);

1. Application of Acts and subordinate statutes on search and seizure records, lists of search and seizure, copies of medical records of E hospital, photographs of part of the injury, original medical certificate of injury, and field photographs;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act appears to have occurred due to a contingency dispute during the commission of the defendant and the injured person. However, the defendant seems to have caused a serious injury to the victim to the extent that he/she should perform a sexual surgery because he/she returned home to the left-hand side of the victim due to an empty minor disease, and the victim seems to have caused a serious injury to the victim, and the victim did not recover any damage, and the victim was punished, and all other circumstances, including the defendant's age, sexual behavior, environment, motive and background of the crime, result of the crime, and the circumstances after the crime, etc., are considered as the sentencing conditions specified in the argument of this case.