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(영문) 서울남부지방법원 2019.05.01 2018고단6823
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 02:00 on November 7, 2018, the Defendant, at the residence of the victim D located in Gangseo-gu Seoul Metropolitan Government building B, made the victim to drink with his/her drinking in his/her house because he/she had a conflict with the victim with his/her house because he/she did not get her house while taking a part in the floor, has reached one-time side of the victim's right side (1cm in total length, 8cm in knife length).

As a result, the Defendant carried dangerous objects, and caused the injury to the victim by tearing approximately 3 cm off the right side of the side, the treatment period of which cannot be known to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photo of a trace of bodily injury;

1. Application of excessive Acts and subordinate statutes;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances among the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed circumstances);

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime of this case is not against the nature and circumstances that the defendant inflicts bodily injury on the victim, which is a dangerous article.

However, there are circumstances to consider the circumstances leading to the crime of this case; the victim does not want the punishment of the defendant; the defendant does not have any specific criminal records; considering the favorable circumstances in which the defendant has no specific criminal records; and taking into account all the factors of sentencing as indicated in the course of pleadings and arguments, such as the relation between the defendant and the victim; the situation after the crime; the age, character and conduct, environment, family relations, etc., the

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