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(영문) 서울남부지방법원 2018.10.23 2018고단3495
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

around 22:55 on March 17, 2018, the Defendant reported that the Defendant drinked the victim from Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu, Chop on the drinking of friendly victim D (the remaining, 50 years old, and E) and E, but said that the victim refused this, the Defendant collected an empty baby, which was a dangerous object in the location, and caused the victim to tear and tear.

The Defendant carried an empty cattle, which is a dangerous object, and carried with the victim with an empty disease, and put the victim on the left part, the left part, and the left part of the knive body, the treatment period of which is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Photographs (on-site photographs, etc.);

1. Application of Acts and subordinate statutes to photographs of victims;

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 suspended execution;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is not appropriate for the crime of this case to be committed by the victim's face as the accused's main illness, which is a dangerous object, and the degree of injury suffered by the victim is not minor;

However, the defendant appears to have committed the crime of this case in a purely contingent manner, and the victim agreed with the victim smoothly, and the victim did not want to punish the defendant, there is no particular punishment for the last five years, and other circumstances shown in the records and trial process of this case, such as the defendant's age, environment, and circumstances after crimes, shall be determined as ordered by the order.

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