2018Gohap267 Special Bodily Injury

A

The outer number of soldiers, the red court, and the public trial

Attorney B (Korean National Assembly)

May 11, 2018

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On August 27, 2017, the Defendant: (a) around 16:45, around 16:45, at the residence of the victim of a related person D, the victim of a related person in Gwanak-gu, Seoul Special Metropolitan City, and 201 Dong 517, caused the victim to demand separate treatment; and (b) took the victim’s face and body face with the victim’s hand, and met with the victim’s hand. Upon reporting to the police, the victim took up two knife (19.5cm in length, 18.5cm in length, 19.5cm in length, 18.5cm in length) and knife the victim, flading the victim, flading the victim’s left part, and flading the victim’s face, and flading the victim’s face, thereby having damaged the victim’s face and part of the victim’s face, flaging the victim’s 3 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutors' office and police suspect interrogation protocol concerning D;

1. Coloric photo;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

Articles 258-2(1) and 257(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Reasons for sentencing: Imprisonment with prison labor for not less than six months nor more than five years;

2. Scope of the recommended sentencing criteria: With respect to the crime of special injury under the Criminal Act, the sentencing criteria are not set; 3. The crime of the case by which the sentencing criteria is set; and considering the risk of causing injury to the victim by putting a knife, which is a dangerous object, in the dispute with the victim whom the defendant requests separate sentencing, the crime is not easy.

However, in light of the fact that the defendant recognized the crime of this case and against the mistake, the defendant seems to have used the food knife in a contingent situation at the time, the degree of injury suffered by the victim is not much serious, the defendant has no record of being sentenced to a suspended sentence of imprisonment or heavier, and other factors of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive and background of the crime, and circumstances before and after the crime, etc., the punishment as set forth in the order shall be determined.

The presiding judge, the Kim Jong-dong

Judge Political decoration

Judge Lee Sang-hoon