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(영문) 서울서부지방법원 2016.12.08 2016고단3323

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:10 on October 22, 2016, the Defendant inflicted injury on “E” operated by the victim D(51) located in Yongsan-gu Seoul Metropolitan Government, on the grounds that the Defendant was de facto related employee F of the above restaurant and the victim, who was de facto related to the Defendant, were at least 30cm with a knife (30cm in length) that was dangerous for the reason that the Defendant was bullying and neglected the Defendant. During the process of the victim’s back to the knife, the Defendant sustained the victim’s left shoulder in the knife, etc., which led to approximately two weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of the criminal tools, and parts and photographs of the victim's injury;

1. Application of Acts and subordinate statutes of a medical certificate;

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 for discretionary mitigation;

1. To take into account favorable circumstances, such as the fact that the defendant recognized his mistake and reflects the reason for sentencing under Article 62(1) of the Criminal Act, following an agreement, the victim does not want the punishment of the defendant, and the defendant does not have any record of punishment heavier than the fine;