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(영문) 서울북부지방법원 2019.05.31 2019고단603
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On November 3, 2018, at around 15:40, the defendant, at the residence of the defendant in Seongbuk-gu Seoul, BBD, the defendant prepared for the misunderstanding of the victim and waiting for the victim to find out the defendant's house while he was suspected of the denial of the defendant and the victim D (the age of 34) as a resistant relationship. The defendant discovered the victim's house, found the victim's head in the defendant's house, and cut the victim's head twice with the above knife knife (the knif length of 18.5 cm) and followed the victim, followed by the victim, who had the above knife and the knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. A written opinion and an injury diagnosis report;

1. A report on investigation (verification of CCTV in the place where the occurrence occurred) and a photograph by cutting down CCTV-cap;

1. The photograph of the victim, and the photograph of the victim's slurblier adopted by the victim;

1. Investigation reports (Attachment of photographs of dwelling places of the suspect);

1. Records of seizure, on-site seizure, and victim photographs;

1. 112Report records table;

1. Application of Acts and subordinate statutes concerning a report on investigation (related to a witness's telephone statement);

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. As for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant, carrying a knife or knife, which is a dangerous article, inflicted an injury on the victim, and the liability for the crime is not minor in light of the circumstances and contents of the crime;

However, the sentence is based on the following factors: (a) the victim does not want the punishment of the defendant; (b) the victim appears to have reached an contingent crime under the influence of alcohol; and (c) the sentencing conditions stated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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