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(영문) 서울남부지방법원 2017.10.25 2017고단3932
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On June 27, 2017, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant, under the influence of alcohol, walked to the victim C (74 years of age) with a fluoral disease, caused the victim to tear, and continued to move to the victim with a knife (30 cm in total length, 12 cm in length) owned by the Defendant’s house.

As a result, the defendant carried dangerous things and inflicted an injury upon the victim who could not know the number of days of 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 on the spot and damaged photographs;

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. Taking into account the fact that the crime of sentencing under Article 62-2 of the Criminal Act is against the protection and observation, taking lectures, and providing community service order, the fact that there is no record of criminal punishment other than the fine, the victim does not want the punishment, and the victim seems to require treatment within society including the gold week rather than the punishment by detention;

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