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Reasons
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(영문) 서울중앙지방법원 2020.03.13 2019고단7947
특수상해
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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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on November 8, 2019, the Defendant collected the knife knife (15cm in total length, approximately 15cm in length, about 15cm in blades), which is a dangerous object in the vehicle parked there, and caused the victim’s face to tear up to 2.5 cm in the victim’s chest, knife, face, and knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of C in the police statement;

1. The police seizure record and the list of seizure;

1. Each image of the victim's face, condition, and tear clothes;

1. Images of kacks and images of the upper part of the victim;

1. Application of Acts and subordinate statutes to images of a documentary evidence 1 (kacker-car) photograph;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. An unfavorable circumstance for sentencing under Article 48(1)1 of the Criminal Act: A normal situation in which the illegality of the act and the necessity of punishment are strongly requested due to the high risk of the act in that the person takes a knife knife of the phrase, which is a dangerous object, in the light of the above circumstances and the defendant's age, character and behavior, occupation, environment, circumstances, and means of the crime. The defendant led to the confession of and reflects depth in the crime; the defendant committed the crime of this case under the influence of alcohol; the defendant was an initial offender with no record of criminal punishment; the victim is free from criminal punishment against the defendant under an agreement with the victim; and other circumstances: the above circumstances and the defendant

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