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(영문) 서울남부지방법원 2019.08.14 2018고단6624
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 14:50 on September 20, 2018, the Defendant, at the Defendant’s house located in Geumcheon-gu Seoul Metropolitan Government building C, had a dispute over the issue of payment of the victim D and drinking value, etc., and had a knife (the total length of 31cm and 18cm in length) which is a dangerous thing in the kitchen where the kitchen was in the kitchen, and had the victim’s head taken off with the knife of the above knife, and caused the victim’s head to have a teared of 7 cm in the number of days for treatment, and caused the victim’s injury whose head is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The list of seizure and blade photographs;

1. Reporting a 112-case;

1. The details of the conversation with the victim D;

1. Application of statutes on photographs of damage;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The crime of this case is a case where the defendant gets the head of the victim with a knife, etc. and caused the minor two strings of treatment days, and thus, is highly dangerous in light of the means and methods of the act;

c) favorable circumstances: The defendant and the victim are in friendly relationship, and the victim expresses his/her intention not to punish the defendant.

The decision of sentence: the above circumstances and the defendant's age, character and conduct, environment, records of crimes, motive for crimes, circumstances after crimes, etc. shall be determined as ordered in consideration of the sentencing prescribed in Article 51 of the Criminal Act.

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