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(영문) 서울중앙지방법원 2019.09.18 2019고단3871
특수상해
Text

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

The Defendant lent KRW 10 million to the victim B (the age of 49) for about five years, but the victim was forced to contact with the victim without paying his/her debt, and the victim was recently forced to contact and promised to repay his/her debt, but he/she was able to directly recover his/her debt by avoiding the contact with the Defendant.

At around 16:53 on January 30, 2019, the Defendant laid off the knife (10cc in knife length) of the victim’s left part of the victim’s knife in the D office for the settlement of the victim’s operation of the fourth floor in Gwangjin-gu Seoul Special Metropolitan City, and caused the victim to be cut off the part of the victim’s knife in the process of flifeing the part of the victim’s knife, which is a dangerous object (10cc in knife length) with the victim’s knife with the victim’s knife.

Accordingly, the defendant carried dangerous objects and carried them about three weeks of treatment, resulting in a space of the first water quiqui to the left side, which requires treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes to diagnostic certificates and photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the mitigation area (4-1 years), the mitigation area (4-1 years), the punishment not (including serious efforts to recover damage), or considerable damage has been restored to the mitigated area (4-1 years), or considerable part of the sentencing criteria (the scope of recommending punishment), the special injury and the injury by repeated crimes;

2. According to the sentence decisions, the sentence is to be imposed in full taking account of all the circumstances constituting the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime.

The circumstances at a disadvantage: the circumstances and circumstances of the crime.

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