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(영문) 서울북부지방법원 2018.12.19 2018고단4159
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of three years for one year and six months in the Seoul Northern District Court on March 8, 2017 due to a special injury, etc., and was sentenced to a suspended sentence of three years in the same year.

3. 16. A person whose judgment has become final and conclusive and is still under suspension of execution.

[2] On October 7, 2018, at around 01:50 on October 7, 2018, the Defendant suspected of having the appearance of the victim D (67 cm) who is the husband in the first floor C head of the household of Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) laid down the victim’s right-hand kne with a knee (31cm in total length, 20cm in length; 20cm in length) that is a dangerous thing in time with the victim, and laid down the victim’s right-hand kne with a knee (20cm in total, 20cm in length, 77cm in length in total) with a alinium (40cm in total) that is a dangerous thing.

As a result, the defendant carried dangerous goods with the victim's right-free kne, where the victim cannot know the number of days of treatment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs of criminal tools;

1. The scene of the case and the victim's photograph;

1. Police seizure records;

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

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

1. The reason for sentencing under Article 48 (1) 1 of the Confiscation Criminal Code / [unfair circumstances] The defendant did not receive a letter from the victim until now, in light of the crime tool used by the defendant, the risk of the crime and the degree of injury, etc., and the fact that the defendant did not reach an agreement with the victim that re-offending without being able to do so during the period of suspension of execution for the same kind of crime against the same victim (or favorable circumstances] recognized the crime of this case, and it reflects the mistake. The defendant is a dispute arising from a female relationship between the victim and her husband while drinking with her husband.

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