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(영문) 서울북부지방법원 2018.05.11 2017고단5560
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was judged to have a speech disability in the past due to an accident in the past and is in a relationship with the victim C (46) and a middle or high school.

On September 19, 2017, at around 08:10, the Defendant had a lot of disputes with the victim C (46 Do) in the house-based parking lot located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, about the first grade of high school, and had yet to talk with the victim. At that time, the Defendant was waiting for the victim with a net value (the head part 9cm, the total length of 26 cm), which is a dangerous object at one’s own house, in mind to threaten the victim, and was waiting for the victim. On the other hand, the Defendant was able to report the victim, and the escape was found, and the victim’s house flad up to five stories from the victim’s house flads, and sold the net value flading with the victim’s left part when the victim left part of the victim’s house flabing with the victim, and the Defendant took charge of the need for 2 week medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to observe the protection under Article 62-2 of the Criminal Act;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the preparation of dangerous articles in advance, the fact that the injured party is not serious, the defendant's age, sex, conduct, intelligence and environment, relationship with the injured party, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as the same as the order;

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