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(영문) 서울서부지방법원 2018.10.10 2018고단2907
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 August 16, 2018, at around 18:40 on August 16, 2018, the Defendant, at the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government D apartment 8:401, filed in order for the Victim E (52) to adjust the relationship with the Defendant, who appears to have a serious gathering on the victim of the ordinary e-mail, and opened the victim’s e-mail with a length of 30cm (19.5cm in length, 10cm in length, 10cm in length) at a transition, which is a dangerous object following the victim to get out of the house, and opened the victim’s e-mail at one time in the right part of the victim’s right part, and continued to be on one occasion in the right part of the victim’s right part, and opened about 30cm in length (30cm in length) and 44cm in length (20cm in length).

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to F and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes of a medical certificate or medical record certificate;

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 on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The defendant's liability is very heavy in light of the motive for the crime of sentencing under Article 48 (1) 1 of the Criminal Act, the degree of injury inflicted on the victim, etc.

However, by agreement with the victim, his wife and children in the amount of KRW 30 million, the victim's side does not want the punishment of the defendant, the victim's wife is rapidly recovered and is living a daily life with rapid recovery of the victim's wife, and the first offender shall be determined by the sentence like the order.

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