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(영문) 서울북부지방법원 2017.07.20 2017고단1941
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On June 18, 2016, the Defendant: (a) was a person taking into account the Defendant’s nationality; (b) obtained visiting visa (H2); and (c) was staying in Korea on May 3, 2017, when entering Korea and staying in Korea on May 3, 2017, the Defendant went through drinking at the Victim C (35) who is a private village of 00:30, and the “Dam Park” located at 49:56, 04:24, on the same day, 04:24, at the Defendant’s residence, entered the Defendant’s “E Public Notice Board” located in C, Jung-gu, Seoul, the Defendant’s domicile.

At around 04:50 on the same day, the Defendant, at least 04:16, got off the face of the victim at one time and became knife part of the suspect's side side of the suspect in transition (10cm in length, 20cm in total length) which is a dangerous object that had been at least 16, during the dispute with the victim.

As a result, the Defendant carried the excessive face of dangerous objects and carried it over to the right side of the right side (7cm in width, 1cm in depth) and 4cm in depth (1cm in width, 4cm in depth) where the number of treatment days cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement by the police in relation to C and G;

1. A H statement;

1. Seizure records;

1. Application of statutes on field photographs and photographs of injuries;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant's attempt to commit the instant crime.

The defendant and the victim have reached this case in a contingent situation where they met to the extent that the case occurred. The victim does not want the punishment of the defendant.

Defendant has no record of punishment in Korea.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances as the age, sex, motive of the crime, and circumstances after the crime.

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