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(영문) 부산지방법원 2018.05.16 2018고단612
특수상해
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2. The excessive seizure shall be forfeited;

Reasons

Punishment of the crime

1. On May 15, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Busan District Court, and on August 13, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for anless accusation in the same court, and completed the execution of the sentence on May 25, 2017.

2. On January 29, 2018, at the main point located in Busan, Busan, the Defendant inflicted an injury on the part of the victim, such as knife D (44 cm) with drinking alcohol at a main point located in Busan, Busan, on a level of money problem, etc. ( approximately 9cm in length on the blade, approximately 20.5 cm in total length), which is a dangerous object in the city, and was in possession of a dangerous object ( approximately 9cm in length, approximately 20.5 cm in length).

Accordingly, the defendant carried dangerous objects and injured the body of the victim.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Each prosecutor's office and police's statements concerning D, E, and F;

(c) Police seizure records;

2. The records of the offense;

(a) a response to inquiries;

(b) Results of prisoner search and current status of individual confinement;

C. Application of each statute of the judgment

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

2. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. The sentencing criteria are not set for the crimes of this case, for which the sentencing criteria are not set.

In this case, the defendant was in possession of a minor trial cost with the victim and the victim, and the defendant inflicted a knife on the part of the victim three times every time, and the nature of the crime and the flife are not good.

The excessive risk of using it as a tool for crime is very high, and the father's body with the body's body body's body body's body body's body body body's body body's body body is gathered, and it seems that the victim could have suffered fatal damage if brupted.

The victim is the victim due to the defendant's crime.

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