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(영문) 서울중앙지방법원 2017.12.21 2017고단7804
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From April 2, 2017 to April 27, 2017, the Defendant: (a) worked as a day-to-day worker at the victim’s interior work site; and (b) did not receive KRW 2,100,000,000 from the victim’s interior work site; (c) the Defendant used a knife in front of the first floor warehouse of “F hotel” located in Seocho-gu Seoul Metropolitan Government E, in which the victim was working after completion of the work, and tried to demand the payment of wages to the victim.

On September 27, 2017, around 18:45, the Defendant reported the victims coming from the above hotel parking lot, and took a knife knife (17cm in length) knife, which was a deadly weapon prepared in advance, to knife the victim, but the victim knifes the victim's knife in the Defendant's knife in the process of knifeing the Defendant's knife and cutting the knife by his knife, and caused the victim's knife to the floor.

As a result, the defendant carried a deadly weapon with the victim, thereby causing bodily harm to the victim, such as satisfe, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. The investigation report (the sequence 16,36 of the list of evidence);

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

1. References to a request for appraisal;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258-2 (1) of the Criminal Act and Article 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 reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the Defendant’s knife and knife with the victim and knife with the victim, thereby causing injury to the victim. The fact that the nature of the crime is not good, and that the degree of the victim’s injury is serious is disadvantageous.

However, the defendant confessions the crime of this case and repents his mistake, the victim does not want the punishment of the defendant, the first offender who has no record of the crime, and the age, sex, etc. of the defendant.

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