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(영문) 부산지방법원 2019.05.15 2019고단1179
특수상해
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A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

The defendant is a marriage between the victim B and the victim in 1982.

On March 20, 2019, around 18:20 on March 20, 2019, the Defendant d and drinking a neighbor in Busan Jung-gu C’s residence, and locked in the ward.

The Defendant used a knife knife (37 cm in total length, 24 cm in knife) that was laid in a kitchen by the kitchen that occurred in the Gap's own place on the ground of influence as above. The Defendant used a knife knife (37 cm in total length, knife 24 cm in knife) in a ward, and had a 5 cm in depth and 2 cm in depth on the part of the victim's left shoulder on the shoulder of the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B Legal statement;

1. Statement of D police statement;

1. The police seizure record and the list of seizure;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant's mistake is divided, and that the victim does not want the punishment of the defendant is the circumstances favorable to the defendant.

However, the Defendant’s sentence is sentenced to the punishment, on the following grounds: (a) the deadly weapons used in the instant crime are food blades up to 24 cm in blade length, which may pose a serious risk to the life of the victim; (b) the degree of injury is high; and (c) the Defendant, on November 27, 2018, entered the victim as a home protection case by assaulting the victim; and (d) the risk of recidivism in the future is deemed to have been high; (c) the statutory penalty is to be mitigated by taking account of the aforementioned favorable circumstances as above.

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