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(영문) 서울서부지방법원 2016.07.08 2016고단1436

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 21, 2016, the Defendant: (a) around 02:35, 2016, on the ground that the victim D ( South and the age of 53) living on the same floor as the Defendant was talked about “slick speech” from the victim D (the age of 53) living on the same floor as the Defendant in Yongsan-gu Seoul, Yongsan-gu, Seoul, which is the Defendant’s residence; (b) Meet-kick (18 cm in the length of the blade) which is a dangerous object in the public room where he was in the public room; (c) sought to open the victim’s visit by forcing him to visit by force; and (d) caused the victim’s injury to the victim by inserting the right hand part of the victim’s right hand who was visiting by inserting the knife and inserting the above knife, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, photographs of the body of the victim, and photographs of seized articles;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate amount of punishment (a point that has no record of being subject to the motive for and depth of the crime, and the initial punishment of a fine and criminal punishment);

1. Article 62 (1) of the Criminal Act ( repeatedly considered for the foregoing reason);