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(영문) 서울남부지방법원 2017.07.19 2017고단1883
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 19:00 on April 17, 2017, the Defendant changed the amount of money to be entrusted to the victim D (41 tax) in front of Yeongdeungpo-gu Seoul, Seoul, but the Defendant did not return to the victim and "Ara in house" to the Defendant without returning it, and the Defendant suffered injury, such as the knife (22cm in total length, 10cm in length in knife) with a knife (10cm in knife) which is a dangerous object that the victim had been in possession of in advance when the water flows back, and the victim knifed the Defendant’s hand, and knifed the victim’s left part of the knifbbbbbbbbbb, which was 31 days back to knife, and caused injury to the victim, such as the knife and the knife of force.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the risk of committing a crime for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the degree of injury inflicted upon the victim, etc., the punishment shall be imposed upon the defendant strictly. However, the punishment shall be determined as ordered in consideration of the following: (a) the defendant reflects the crime during the period of unconvicted detention for about three months; (b) the defendant has no record of criminal punishment in the Republic of Korea; and (c) the victim has made efforts to recover damage by depositing money for the victim, etc.

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