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(영문) 서울북부지방법원 2019.10.16 2019고단2288
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 29, 2019, the Defendant: (a) around 21:45 on April 29, 2019, around 21:2, 2019, the Defendant: (b) around 21:45, on the ground that the Defendant was living in the Defendant’s residence, and the victim D (69 years of age) who was aware of the Defendant, regardless of his control, entered the Defendant’s house, was a vision, and the victim knife knife (19cm in knife, total length 31cm in knife) was knife (19cm in knife, total length 31cm in knife) and knife the victim’s right knife, knife in knife, and knife

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Victims, legs, photographs, and field photographs;

1. The record of seizure and the list of seizure [the defendant and his defense counsel who inflicted an injury on the victim, but this is argued to constitute self-defense since the victim exercised physical power for the purpose of defending the arbbling and flaps of the defendant. However, in light of the degree and implements of the defendant's injury inflicted by the defendant, etc. acknowledged by the above evidence, it is difficult to view the defendant's act as a means of resistance to escape from a unilateral and illegal attack, and therefore, it does not constitute self-defense. Accordingly, the above argument by the defendant and his defense counsel is rejected

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation is that the victim injured the victim in a knife and the nature of the crime is not good, the victim does not want the punishment, there are circumstances that may be considered in the circumstances of the crime, the degree of injury is not much weight, the defendant shows his attitude of confessioning and opposing the crime, and the age, environment of the defendant is other.

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