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(영문) 서울서부지방법원 2017.11.23 2017고단2682
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

Around 12:50 on July 15, 2017, the Defendant, in the vicinity of the World Cup tunnel located in Mapo-gu Seoul, Mapo-gu 87 (Masan-dong), inflicted injury on the victim H ( South, 33 years old), a knife (29cm length, 16cm length of knife), a dangerous object prepared by the Defendant, knife the victim, knife the victim’s knife with knife, and knife the victim’s knife with an open top of a knife, where the victim cannot know the number of days of treatment, on the ground that the Defendant’s food materials sales store did not properly listen to the knife in ordinary.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (related to statements by doctors of the I Hospital), investigation report (a medical certificate and written confirmation for release from a hospital);

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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the Defendant’s act of knife a knife, which is a dangerous object for any reason, of which the Defendant is pro-born, should be criticized as an act of lowering the interest ethics of highly dangerous conduct, and that the nature of the crime is not weak in light of the nature and the degree of the knife.

However, the punishment shall be determined as ordered by taking into account all the factors of sentencing, such as the fact that the defendant repents the defendant's wrong, the fact that the victim wants the defendant's letter, the fact that the defendant is the primary offender, other circumstances leading to the crime, circumstances after the crime, the age of the defendant, sexual behavior, environment, etc.

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