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Reasons
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(영문) 서울동부지방법원 2017.03.21 2016고단4448
특수상해
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A defendant shall be punished by imprisonment for six months.

A seized kitchen shall be confiscated by one square meter (No. 1).

Reasons

Punishment of the crime

At around 06:00 on September 30, 2016, the Defendant took a deadly weapon (32 cm in total length, 20 cm in length, 20 cm in length) in Seongdong-gu Seoul, for the following reasons: (a) the Defendant was able to take the victim’s head debt from the victim F (53 cm) who was locked in the room for the reason that the victim’s head debt from the victim F (53 cm in the above singing room) was brought about; (b) the victim was able to take a fright of the victim’s chest, which was a dangerous object located on the part of the seat of the seat; and (c) the Defendant took a deadly weapon (32 cm in length, 20 cm in length) that was in the front of the Kater; and (d) carried out an injury on the victim’s left-hand side in need of approximately 4 weeks treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

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

1. A written diagnosis of injury;

1. Recording records;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, including the following: (a) the reason for sentencing of the instant case; (b) the fact that there is no record of criminal punishment against the Defendant; (c) the method of causing bodily injury to the victim was dangerous; (d) the degree of injury of the victim was not less than that of the victim; and (e) the fact that the damage was not recovered from the victim, etc.

However, in consideration of the fact that the defendant has faithfully attended the trial and is endeavoring to reach an agreement with the victim, the court does not have to detain the defendant.

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