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(영문) 제주지방법원 2018.02.09 2017고단3226
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On June 21, 2017, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor by assault in the Seoul Western District Court, and the judgment became final and conclusive on June 29, 2017.

[2] On December 2, 2017, the Defendant: (a) held that the victim E (47 years) was under the influence of the Defendant at the D Age Club located in Seopo City, Seopo-si, Seopopo-si; (b) held that, on the ground that the victim E (47 years) was under the influence of the Defendant’s position, the Defendant used the transition (23cm in total length, 11cm in total length) as one hand; and (c) held that the excessive knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Photographss of related photographs and CCTV images to be taken;

1. A written answer;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the Seoul Western District Court Decision 2017 High Court Decision 383 High Court Decision, and Acts and subordinate statutes concerning investigation reports (the confirmation of crimes during the period of probation);

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

1. The degree of injury suffered by the victim for reasons of sentencing under Article 48(1)1 of the Criminal Act is not very serious.

However, the crime of this case is very likely to be committed by the defendant who caused another person to go back to his knife at the upper point of his knife when the defendant was prevented from entering the knife club.

There are several criminal records that the defendant used violence to others without any particular reason, including the previous conviction in the judgment of the defendant.

Such circumstances and damages have not been recovered, circumstances after the crime, the defendant suffering from alcohol, and so the defendant's health status appears to have affected the crime, considering all the circumstances such as the defendant's age, family relationship, environment, etc., the punishment as ordered shall be determined.

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