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(영문) 서울북부지방법원 2019.07.18 2019고단1492
특수상해
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:20 on April 2, 2019, the Defendant, at the Defendant’s house located in Seongbuk-gu Seoul and Seongbuk-gu Seoul and C, laid down the card game called “hulullar” with the victim D, on the ground that the victim would be unbured, and continued to take the part of the victim’s knife (30cm in total length, 18cm in length on the day) in the main room of the game and put the part of the victim’s knife into approximately 30cm in length.

As a result, the Defendant carried dangerous things and inflicted injury on the victim, such as a part of a wood that requires treatment for a period of time when the victim cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement, etc. of D, and the police statement of E;

1. Seizure records, etc.;

1. Application of each statute on 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;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act to order probation and attending lectures;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is mitigated (four months to one year), the area of mitigation (including a special mitigation), the area of punishment not subject to punishment (including a serious effort to recover damage), or considerable damage has been recovered;

2. The sentence of sentence is a bad in light of the degree of injury inflicted on the victim and the circumstances where the risk of injury was extremely high due to the crime of harming the victim by displaying the knife knife, which is a dangerous thing by the defendant, on the part of the victim.

On the other hand, it seems that the defendant recognized the crime of this case and is against it, and there is no fact of criminal punishment exceeding the fine so far.

In particular, it is necessary to consider the situation that the victim expressed his/her intention not to be punished by submitting the statement to investigation agency and the written agreement in this law.

The age, occupation, character and conduct, family relationship, and post-crime of the defendant.

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