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(영문) 서울중앙지방법원 2018.08.17 2018고단2660

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

Around 20:00 on March 17, 2018, the Defendant used a knife (total length: 32 cm, 20.5 cm: : 20.5 cm), which is a dangerous thing in the contract room of the victim E hotel model E in Seocho-gu Seoul Metropolitan Government, and made the victim F (25 years of age) and the victim G (26 years of age) to be kneeele, who is an employee of the defendant who was working in the workplace at the workplace, and made the victim G (26 years of age) to take care of the victim’s knee, with the back water of the victim’s G and the left hand kneeel at one time, and continued to take care of the victim’s knife the victim’s knife in the back water of the victim’s F, with the head of the victim’s knife the victim’s knife, and made the victim F’s face necessary treatment for the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness G and F;

1. Each written statement of H and I;

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

1. Ten copies of photographic photographs, such as the part of the body of a victim on the spot, such as the body part of the victim, and each injury diagnosis report;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses I);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are as follows: (a) considering the following circumstances; (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime, and all of the sentencing conditions indicated in the present arguments and records, the sentence is determined as ordered.

The statutory penalty for special injury is imprisonment with prison labor for not less than one year but not more than ten years.

The crime of this case is a bad crime in light of the means and results, the relationship between the defendant and the victims, etc.

The degree of injury of victims caused by the crime of this case is not easy, and mental suffering seems difficult to be easily cured.

The favorable circumstances: the defendant has been punished by a fine in addition to the previous convictions on one occasion.