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(영문) 제주지방법원 2018.12.07 2018고단2359
특수상해등
Text

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

Reasons

Punishment of the crime

1. On October 14, 2018, at around 14:30 on October 14, 2018, the Defendant: (a) met with the other person in C in Jeju-si; (b) sought the face from D on the “G cafeteria” in the operation of the Victim F in Jeju-si; (c) intruded the victim’s knife “h and knife”; and (d) intruded the victim’s knife inside the main room through an open door, and then, the knife at which the victim’s knife had been located had an amount equivalent to KRW 30,00 won at the market price.

Accordingly, the defendant invadedd the building managed by the victim and stolen the victim's things.

2. The Defendant, while committing the crime described in paragraph 1, was suffering from a knife (30 cm in length), which is a dangerous article C back to C, and brought the head of the victim D ( South, 79 years old) on one occasion by gathering the knife (30 cm in length of decline).

Accordingly, the defendant carried dangerous articles and carried a two-time measure for the victim, which requires two-time medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigation report (related to the source of a deadly weapon);

1. A victim's body photograph, knife photograph, knife photograph, a G cafeteria;

1. A report on investigation (a statement by a wooden person);

1. CCTV photographs and C photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 258-2 (1), 257 (1) (a) of the Criminal Act, Article 319 (1) (a) of the Criminal Act, Article 329 (a) of the Criminal Act, Article 329 (a) of the Criminal Act (abstinence of a structure, choice of imprisonment), and Article 329 (abstinence of intention and choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 (see, e.g., circumstances favorable to the defendant among the grounds for sentencing) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 200) are against all the criminal defendants, and the victim D wanted to have the Defendant prior to

However, not only the defendant has been punished several times for the same crime, but also on February 20, 2018, the Jeju District Court has been sentenced to imprisonment with prison labor for one year and suspended execution.

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