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(영문) 인천지방법원 부천지원 2018.06.11 2018고단938

특수상해

Text

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

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

Reasons

Punishment of the crime

On November 18, 2008, the defendant, who is naturalization and currently works in Chinese nationality, was known to the victim C (44 years) while doing the same work.

On December 22, 2017, the Defendant continued to have a telephone call at the Yeonsu-gu Incheon Metropolitan City D D’s underground accommodation for approximately one hour on the same day. On the same day, the Defendant: (a) heard the horses from the victim who used the said accommodation at the time; (b) and (c) took a knife (30cm length of the knife) which is an object dangerous to the main room of the victim; and (d) took a part in a knife that is a knife and knife that is a dangerous object in the main room of the victim, and (e) took part in a knife of three parts of the victim’s left arm’s body knife that was trying to prevent the victim from sticking to the inner part of the victim, and took part in the victim’s knife with approximately 15 days for treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the protocol concerning the interrogation of the suspect against the defendant (including the C statement);

1. Statement made by the police with regard to C;

1. List of seizure and protocol of seizure;

1. A medical certificate of injury;

1. Evidence of subparagraph 1 of this Article;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to a report on investigation (written appraisal of genes of the National Institute of Scientific Investigation);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Determination of the same sentence as the disposition is based on the following circumstances in sentencing under Article 48(1)1 of the Criminal Act, comprehensively taking into account the following conditions in sentencing, such as the defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

- The Defendant has served about 10 minutes, or the Defendant has served a knife on the victim.

If the victim suffered a big injury, and if the victim did not actively respond to it, the damage would have occurred more.

- The victim made a report to the police by his illegal stay.