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(영문) 서울남부지방법원 2018.02.08 2017고단6303
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 29, 2017, around 20:30, the Defendant found the victim E (28 years old) of this case and tried to open the knife knife to the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police officer in relation to D, F, or G;

1. Each police statement made to E and H:

1. On-site CCTV CD images;

1. Each photograph;

1. Application of current Acts and subordinate statutes of protocol of seizure, list of seizure and knife;

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

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. A person who has been specially mitigated in the area of special mitigation (from September to February) within the scope of the recommended punishment, habitual injury, or repeated injury and special injury to a repeated crime (Habitual injury, and special injury) within the scope of the punishment, or where considerable damage has been restored to the area of special mitigation (including efforts made to recover damage), such as minor injury or punishment not (including serious effort to recover damage), or considerable damage;

2. The decision-making life of the sentence may be fatally dangerous.

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