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(영문) 서울남부지방법원 2017.12.18 2017고단4413

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six 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 June 21, 2017, at around 21:05, the Defendant talked about the method of receiving wages in arrears with the victim E (55 years) who was the former workplace in the deposit of the Defendant’s residence, Guro-gu Seoul Metropolitan Government Down-gu, 101 403, and 403, on the ground that he did not fit his opinion, and provided the knife knife (20cm in length of the knife) on the part of the Defendant, and provided the knife knife knife knife knife knife knife knife knife k

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. A gene appraisal report;

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

1. The fact that reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include a knife knife, which is a dangerous article by the defendant, causing a serious threat to the victim's life is not good.

However, the sentence was determined by comprehensively taking into account the following factors: (a) the defendant has not been punished as his previous forces; (b) the defendant appears to have been punished as a contingent crime; (c) the victim and the victim have agreed smoothly with the victim that the victim does not want to be punished; (d) the confession and reflect of the crime; and (e) the defendant's age, sex behavior, circumstances after the crime; and (e) various sentencing conditions specified in the changed theory

It is so decided as per Disposition for the above reasons.