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(영문) 춘천지방법원 강릉지원 2019.01.17 2018고단850
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a space between the victim B (the age of 46) and the local line.

On August 8, 2018, the Defendant: (a) around 21:10 on August 21, 2018, while drinking alcohol with the victim at a 'D' restaurant located in Gangnam-si C, the Defendant heard the d'C, and went outside the restaurant with the victim and carried out physical fighting with the victim; (b) entered a nearby 'E' singing shop, which is a dangerous object to be used at the 'E' shop; and (c) placed the victim's left part and the part of this knife on the left part and the part of this knife, etc. requiring approximately two weeks of treatment to the victim, respectively.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and B;

1. Investigation reports (Attachment of photographs of the current state of damage to the site);

1. A criminal investigation report (to attach CCTV images to a pan-pass);

1. Application of the Acts and subordinate statutes to a criminal investigation report (a photographic of a victim's upper part of the operation);

1. The grounds for sentencing under Articles 258-2(1) and 257(1) of the Criminal Act regarding criminal facts are as follows: the Defendant’s age, character and conduct, environment, motive and means of committing the crime and the consequences thereof; records including circumstances after committing the crime; and the conditions of various sentencing as shown in the argument of this case shall be determined by taking into account the following circumstances.

A favorable circumstances: The fact that one's mistake is divided, the degree of injury of the victim is relatively minor: The crime is not good in light of the risk of the crime tool and method, the injury part, etc., and the fact that the victim has been punished several times due to violent crimes, and the victim has committed violent crimes using knife as tool.

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