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(영문) 제주지방법원 2018.06.05 2018고단252
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a restaurant employee, the victim C ( South, 52 years of age) and the workplace member C are a staff member with a high interest rate.

At around 18:00 on December 11, 2017, the Defendant, while drinking alcohol in the restaurant accommodation where the victim living in Jeju City D is found, had a dispute with the victim on the ground that the victim's attitude was not expressed, such as responding to him/her at a corner, while talking with the victim, and put the victim on the part of the victim's left side bucks (No. 1, total length, 24 cm, 13 cm in length) for work, which are dangerous things in the 1st floor, while the victim had a mutual drinking.

As a result, the defendant carried dangerous things and inflicted an injury on the victim's left-hand side of the 3 weeks of medical treatment and the immediately next part of his retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. “The report of occurrence (special injury), list of seizure, voluntary submission, and waiver of ownership (Evidence Record 10 to 13 pages)” recognized as a document attached to a report of occurrence (special injury), investigation report (special injury), or investigation report (victim);

1. On-site photographs (including knife and victim photographs), and a list of reported cases;

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

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. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing on the part of the owner E of a knife (Evidence No. 1) seized pursuant to Article 48(1)1 of the Confiscation Criminal Act is that the defendant voluntarily submitted it and renounced ownership (Evidence No. 7, 11, 13) was re-offending despite the fact that the defendant had been punished several times for violent crimes, and that the defendant's crime is not somewhat weak in light of the victim's degree of injury.

However, the fact that the defendant acknowledges and reflects the crime, the fact that the injured person wants to take the defendant's wife against the victim by agreement with the victim, some of the circumstances that can be considered in the process of the crime, and the means and method of the crime, and the defendant's identity.

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