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(영문) 서울중앙지방법원 2018.05.09 2018고단675
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

At around 23:00 on October 6, 2017, the Defendant was threatened with the threat that the Defendant was sexual minorities C (32) to the purport that he was informed of the fact that the Defendant was sexual minorities, and found in the studio parking lot where the victim in Dongjak-gu Seoul Metropolitan Government was living, and knife the knife (14cm in total length, 7cm in length in knife) as dangerous articles prepared in advance, and knife the knife of the victim “sciff in death,” and knife the victim’s knife with the victim, while continuing the dispute with the victim, the Defendant knife the knife part of the victim’s knife with the body of the victim, and caused damage to the knife of the knife, which requires approximately 4 weeks treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol concerning the interrogation of suspect C by the prosecution (including the part recorded in the E statement);

1. Statement made by the police for E;

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

1. A medical certificate of injury (C), written opinion (C);

1. Application of the Acts and subordinate statutes to ct taken photographs of the skin C/C, the display situation of the F/C knife, and the access of the suspect;

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

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 defendant's crime of this case is highly dangerous to human life or body.

No defendant has received a letter from the injured party.

A favorable circumstances: The defendant has no previous convictions other than a fine for one time, in addition to a fine.

It seems that the defendant reflects his mistake, and the parents of the defendant are trying to recover damage in monetary terms.

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