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(영문) 부산지방법원 동부지원 2018.06.07 2018고단395
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On December 12, 2017, the Defendant: (a) took a bath on the part of the Victim C (61) at the house of the Victim C (61) at Busan Shipping Daegu B & 1, Busan, Busan, on the ground that the injured person who performed drinking together with the victim who was a high-speed ship does not pay wage of KRW 1.2 million; (b) took a dangerous object in his/her place (not less than 20cm in total length, about 10cm in knife length, about 10cm in knife) as his/her hand, and brought the victim with his/her finger hand and knife in his/her knife with his/her knife with his/her knifties and knife with his/her knife with the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the knives and photographs used by the person under consideration;

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

1. The crime of this case on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight is an offense of this case on the ground of sentencing under Articles 55(1)3 and 55(1)3 of the Act. The crime of this case is a person who committed the crime of this case without deliberation during the period of suspension of execution (on December 16, 2016, with the judgment sentenced to a suspension of execution of one year and six months, and three years, and the judgment became final and conclusive on December 16, 2016, and without deliberation during the period of suspension of execution (on December 16, 2016 to December 15, 2019).

However, it is favorable for the defendant to recognize the facts charged and reflect it, the degree of injury of the victim is not very serious, and the victim does not want the punishment against the defendant.

In addition, various sentencing conditions in the trial process of this case, such as the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime.

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