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(영문) 서울동부지방법원 2019.03.28 2019고단342
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

Around 01:20 on January 11, 2019, the Defendant: “Around the street in Gwangjin-gu Seoul Special Metropolitan City, from the victim C (52 years of age to the sphere who drink as drinking, the Defendant’s horse without the consent of the sphere” saw a kitchen (the total length: 28.5cm, 17.5cm in the blade length) in the Defendant’s dwelling, and put a kitchen (17.5cm in the victim’s left part, face, the left part, and the left part of the treatment days of the sphere on the left part (6cm in length), the face part (8cm in length), the left part (3cm in the left part).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs of the victim's face, photographs of the front part of the victim's face, photographs of the victim's face, and kitchen knives used by the suspect in committing a crime;

1. Application of CCTV video-related Acts and subordinate statutes to crime scene;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant among the reasons stated in the reasons for the suspended sentence) / [the scope of the recommended sentence] In the case where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage (including a serious effort to recover damage) and where the victim is also liable for the occurrence of a crime or for the expansion of damage (the special mitigation) / [the decision of the sentence] in the case where the crime of this case was committed in the case where the victim and the victim have prepared the kitchen knife after returning to the house in which the victim and the victim have suffered the loss, such as the victim's face, arms, etc., which would cause the kitchen knife, and the crime was committed in light of the motive for the crime, the circumstances leading up to the crime, and the result of the crime.

However, the fact that the defendant repents and reflects his mistake, that it seems that the victim's wife is not much serious, and that the defendant agrees with the victim, the victim shall be punished.

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