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(영문) 제주지방법원 2021.02.18 2020노841
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In order to put a knife to the victim, the Defendant merely committed a knife and did not have an intention to inflict an injury.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, ① the Defendant fighting with the victim’s body, immediately after the Defendant fighting the body of the victim, she gets a kitchen with the kitchen, ② the victim was seated in the bend of the right side of the victim’s head, and ② the Defendant was placed in the bend side of the victim’s head, and ③ the victim was injured on the victim’s right side as stated in the facts charged of this case, ③ the Defendant was aware of and admitted as the Defendant, at least by using a knife and the Defendant was aware that the victim could have knife the knife in that knife the knife by the victim.

Therefore, the defendant's mistake of facts is without merit.

B. The crime of this case with regard to the determination of the illegality of sentencing was committed by the Defendant, taking into account the following factors: (a) the Defendant inflicted an injury on the victim’s knife, and (b) the victim’s upper part and degree; and (c) the Defendant’s head towards the knife of the victim with a significantly high risk of causing more serious damage.

However, in full view of the following: (a) the Defendant agreed with the injured party only by the victim, and the injured party does not want to be punished against the Defendant; (b) the Defendant entered the Republic of Korea on August 27, 2019 without any specific criminal records up to now; (c) the Defendant’s age, sex, family relationship, the victim and the accused’s health status; (d) the motive and manner of the crime; and (e) the circumstances after the commission of the crime.

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