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(영문) 서울중앙지방법원 2016.06.02 2016고단2355
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 March 2, 20163, at the defendant's house located in Jongno-gu Seoul Metropolitan City, Jongno-gu, Seoul on March 2, 2016, the defendant has a kitchen knife (18 centimeters in the knife length) which is a dangerous object in his place, and the defendant has a kitchen knife in the item of the victim C (34 years in the form of drinking together with the defendant.

“Along with the kitchen, the part under which the victim’s right is lower than the victim’s, and then the part under which the victim’s right is lower than the victim’s next 10 minutes by drinking.

As a result, the defendant carried dangerous objects and brought about about about 10 centimeters from the bottom to the bottom of the right, the treatment period of which cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Application of the Act and subordinate statutes to photographs of criminal investigation reports (related to the instrument of crime and the attachment of damaged photographs), photographs on the upper part of the body of the victim, and photographs of the instrument of crime;

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. As to the assertion of mental or physical disorder under Article 48(1)1 of the Confiscation Criminal Act, the Defendant was in a state of mental or physical loss or mental weakness by drinking while committing the instant crime.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

The reason for sentencing is that the nature of the crime is not easy in light of the fact that, under the influence of alcohol, a deadly weapon was used without any special reason and the victim was injured.

There is a history of punishment once for violent crimes (damage of property).

The favorable circumstances reflects the wrongness in depth.

The injured party shall be punished by the defendant by making a mutual agreement with the injured party without severe damage.

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