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(영문) 서울남부지방법원 2018.08.22 2018고단2850
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 9, 2018, around 01:20, the Defendant sent the victim D (53 years old) who was a back-of-the-side part of the area where the Defendant had drinking in the side while drinking mixed alcoholic beverages at the main point of "C" located in the Guro-gu Seoul Underground 1, Guro-gu, Seoul, and the Defendant argued after having lost money to the victim with the "hulule" card game for about 2 months prior to the loss of money.

Accordingly, the defendant has set excessive 12 cm in length, which is a dangerous object possessed by the defendant, and the victim has set a knife of the left part of the knife at about 2 cm in width and about 1 cm in depth on the left part, which requires treatment for about 2 weeks by the victim once.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

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

1. A photo of the victim, a field photograph, or a photograph of the criminal tool used by the victim;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. The circumstances favorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act, which reflects the defendant's mistake.

After this case, it seems that the victim made efforts to recover damage, such as paying medical expenses and wishing to reach an agreement in the trial process.

The defendant is not in a state of health due to cancer and its complications, etc.

In light of the crime tool used by the defendant and the part where the injured person suffered an injury, the victim seems to have been in danger of loss of a brush, so the nature of the crime is very poor.

Although the victim did not have specifically attempted the defendant, there is no reason to consider the motive or circumstance leading to the crime in favor of the defendant, considering that the defendant was a aggressive attack.

Before 2011, the Defendant has been punished four times by a fine for violence-related crimes.

A letter or agreement shall be received from the injured party.

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