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(영문) 서울북부지방법원 2017.06.14 2017고단1329
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

Defendant from around April 3, 2017 to around 21:10

4. 4. From around 00:10 to around 00, in “D’s singing room” on the one hand, the Defendant’s dwelling place, “E Public Notice Tele” provided a government subsidy, i.e., the neighbor of “E Public Notice Tele”, the Defendant’s dwelling place.

Fgreging, the above notice was made with the victim G (Y, 52 years old) of the said notice, and with H (N) of the said notice.

At around 00:15 on April 4, 2017, the Defendant paid the drinking value to the Fging F, and came from the singing room, and thereafter, it was a dispute with the victim that it would be better to pay the drinking value to each other in lots before the singing room. During the dispute with each other, the Defendant saw the Defendant into a knife, which is a dangerous thing (total length 27 cm, 21 cm in length, knife length) in the kitchen located on the third floor of the same building, and knife the part of the victim, such as the victim, one time with knife, five cm in depth, and three cm in length.

As a result, the defendant carried dangerous things with the victim and inflicted an injury upon the victim for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. Photographs (the instrument of crime and the part of injury);

1. Investigation reports (to hear statements of victims and to attach a copy of a certificate of medical records);

1. Application of Acts and subordinate statutes to a report on investigation (verification of injury treatment period, etc.);

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

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

1. Scope of applicable sentences under law: Imprisonment with labor for one year to ten years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is habitually injured, repeated crimes, and special injuries (the habitual injury, repeated crime, and special injury) are mitigated in the mitigated area (one year and six months to two years), the punishment not for the person subject to special mitigation [including serious efforts to recover damage], or considerable damage is recovered;

3. A person who suffers from a sentence shall be punished by a defendant at an investigative agency;

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