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(영문) 서울동부지방법원 2018.07.26 2018고단631
특수상해
Text

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

Reasons

Punishment of the crime

On November 15, 2017, at around 14:30 on November 15, 2017, the Defendant suffered an injury in need of medical treatment for about 30 days by using a non-use presumed to be equivalent to about 10cm in the knife length of a deadly weapon, and without any particular reason, while drinking together with the victim D (44 years of age) at the Defendant’s residence in Songpa-gu Seoul, Songpa-gu, Seoul, and without any justifiable reason.

Summary of Evidence

1. Each legal statement of witness D and E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on the occurrence of an injury, investigation report (Attachment of a record of telephone conversations), record (hereinafter referred to as the "victim telephone call between the accused and the injured party on December 4, 17), record, diagnosis of an injury, details of account transactions (victim);

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

1. The defendant asserts that there is no fact that the victim was knife on the argument of the defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Act on Reduction and Exemption of Small Quantity.

In the following circumstances acknowledged by the evidence duly adopted and examined by the court, the Defendant paid KRW 20.9 million to the victim’s hospital expenses from F at the time when the victim was discharged from the hospital, and thereafter, paid KRW 3 million in total to the victim via F during the period from November 23, 2017 to December 26, 2017. The Defendant did not have sufficient financial circumstances, and there was no reason to lend the money to the victim for medical expenses, etc., and there was no reason to lend the money from F to the victim, and even before the instant case, the Defendant was unable to have lent the money to the victim.

In other words, it is difficult to obtain money from the Defendant, and as to the reason why the Defendant borrowed money from the victim, the victim tried to help him/her.

In making a statement to the police, it is difficult for the victim to undergo an investigation by making a report to the police, and it is lent to the police station.

statement, etc.

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