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(영문) 서울중앙지방법원 2018.02.07 2018고단117
특수상해
Text

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

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

Reasons

Punishment of the crime

The defendant is the father of the victim D (32 years old) with the husband's interest of the victim C (math, 57 years old), and the defendant and the victims are foreigners of Chinese nationality.

On December 17, 2017, at around 00:30 on December 17, 2017, the Defendant, alone, told the victim D that “I have a flue flue with flue, so I have a flue with flue” while drinking together at the inside of the residence in Jongno-gu Seoul Metropolitan Government E, but the victim C restrains it and “I would not have a flue with the late time.”

The victim C's face was expressed at one time with the hand floor as "...."

The Defendant reported this to the victim D, when he met the food face one time from the victim D, cut off the body part of the victim D, which is a dangerous object (the total length of 31 cm), and took the body part of the victim D, and taken the body part of the victim D by drinking the body part of the victim D, and taken the body part of the victim D, which is a dangerous object (the total length of 23 cm, 13 cm in length, 13 cm in length), and put the victim C’s hand on the left part of the victim D, which was put up two to three times by the above knife.

As a result, the defendant carried dangerous articles and put the victim D with the number of days of treatment, and put the victim C on the left-hand hand of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to D or C;

1. A victim's photograph;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes of Part II of the medical certificate;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is the case where the defendant used dangerous articles within the family and inflicted an injury on the victims who are family members, and the case is not easy in light of the contents of the crime and the degree of damage.

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