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(영문) 서울남부지방법원 2018.06.28 2018고단1837
특수상해
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (48 years) become aware of May 2015 as China, and the work at the construction site was also conducted until November 2017.

On April 3, 2018, at the main point of the Guro-gu Seoul Metropolitan Government, Dong-gu, Dong-gu, and the victim, etc., were discussed about the costs of the housing and parking lot in the past while drinking alcohol with the victim, etc., but around 20:50 on the same day, the victim predicted that the victim would re-conven with each other about the defects of the telephone, and she saw the victim into a knife (18cm in the knife length, 30cm in the knife and knife) which was dangerous in the defendant's house and kitchen, and she met the victim.

On April 3, 2018, the Defendant: (a) around 21:00, at the alley in front of Guro-gu Seoul Metropolitan Government, the Defendant was a person who was in the house with the victim and his son D, and the victim was flicked with her back and walked with her her flock, and was in his flock with his flock, which is a dangerous object that he was in possession, and the victim’s left side of the victim’s knife with knife and the number of treatment days cannot be known.

Accordingly, the defendant injured the victim by a knife, which is a dangerous thing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B or D;

1. Voluntary submission, a report on seizure, a list of seized articles, a photograph of seized articles, and a written waiver of ownership;

1. 112 A list of reported cases;

1. A report on investigation (in cases of attaching an on-site map);

1. Application of Acts and subordinate statutes to report internal death (in relation to standing parts and deadly weapons and 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 on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. The community service order under Article 62-2 of the Criminal Act;

1. It appears that the crime of contingent crime is not contingent in that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) was possessed in advance, and the victim met the victim. This is an unfavorable sentencing factor.

However, it appears that the assault has been committed in the state of the victim's resistance.

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