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(영문) 서울서부지방법원 2020.05.21 2020고단914
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

The defendant is the parking manager of the golf range B, the victim C (the age of 48) and the victim D (the age of 63) are employees of the golf course construction company, and the defendant and the victims have no friendship with each other.

1. On March 15, 2020, at around 08:39, the Defendant: (a) brought a kack-kack (14.5cm in total length, 6cm in length) kack-kack (6cm in length) kack-kacks, which is a dangerous thing that the victim was in conflict with the victim C(48 years of age) at the site of remodeling construction of the B golf practice range in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) brought the victim with kack-kacks (14.5cm in total length, 6cm in length; and (c) brought the part under the left part one time to the victim for about three weeks medical treatment; and (d) brought an injury to the victim, such as an open kack-kack, etc.

2. The Defendant committed a crime against the victim D, at the time, at the time, at a place, and at the same time, committed a crime against the victim D, on the right side of the victim D (the age of 63) who knacked the Defendant, with approximately 2.5 cm off the right side of the knife, requiring approximately 2.5 cm medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. The application of Acts and subordinate statutes to each seizure record and seizure list, a deadly weapon photograph, a CCTV image capture photograph, a photograph of damaged parts photograph, each diagnosis document, each internal investigation report or investigation report (to hear the statement made by the general manager of the B golf driving range and hear the statements made by victim C telephone);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The reasons for sentencing under Article 48(1) of the Criminal Act shall be determined as ordered in consideration of the following circumstances and other various conditions of sentencing specified in the pleading of the instant case.

Unfavorable circumstances: The degree of injury itself is excessive in light of the circumstances that are favorable to the fact that a serious risk of a serious consequence exists.

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