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(영문) 부산지방법원 동부지원 2016.08.31 2016고단894
특수상해등
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. One knife (No. 1) seized shall be confiscated;

Reasons

Punishment of the crime

The defendant is a person who has received medical treatment due to alcohol dependence, shock disorder, etc.

From June 9, 2016 to October, 2016, the Defendant entered his house located in Nam-gu Busan Metropolitan City C Studio 401, and the middle door was opened to repair key. However, the Defendant considered the victim D (56 tax) who resides in No. 402, next house, without any justifiable reason, as the principal owner of the above studio building and said victim was suspected of breaking the Defendant’s house.

On June 12, 2016, around 23:30 on June 12, 2016, the Defendant used a knife (blade: 19cm) that is a dangerous object before the victim’s house and divided the knife.

The Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant sealed the entrance door into the door door No. 402; and (d) the Defendant: (a) the Defendant:

The Defendant 1 got the victim with a knife knife knife knife knife knife knife.

The Defendant brought an aesthetic prize to the victim for treatment days on the left side shoulder, clothes, right hand hand hand hand hand, etc.

Accordingly, the Defendant invadedd the victim’s residence by carrying a knife, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made with D;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act, Articles 320 and 319 (1) of the Criminal Act concerning the crime, the selection of a punishment for imprisonment with labor;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the prosecutor’s opinion) is three years of imprisonment (the defendant’s decision of sentencing). In February of one year and two, the defendant’s display a knife on several occasions to the victim is a very dangerous act that the victim may lose his/her life, the injury inflicted on the victim is relatively minor, and the defendant suffers from emotional uneasiness personality disorder, alcohol dependence, etc.

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