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(영문) 울산지방법원 2019.02.19 2018고단3693
특수상해
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Criminal facts

At around 23:20 on November 28, 2018, the Defendant, at the house of the victim C (n, 41 years of age) in Ulsan-gu, Ulsan-gu, and around 23:20 on the case which had been detained by the victim's report before the towing, and had been released by the dispute, he brought about one food knife (20 cm a day, total 32 cm) and one knife (20 cm a day, total 32 cm), which is an object dangerous in the Asia-gu, and brought about knife and two knife a knife (32 cm a day, knife a day, knife a day, knife a part of the victim's chest, knife, and side knife a part necessary for the victim's treatment for about 2 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement made to D or C;

1. Police seizure records;

1. A report on the occurrence of a crime, on-site photographs, and photographs of the upper part of the victim's upper part, CCTV photographs, CCTV images, CCTV inside a apartment building to capture, 112 reported data processing list, CCTV inside a convenience store, closure photographs of the contents of each E conversation, and photo of the head of the crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. In light of the background leading up to the instant crime, the method and method of the crime, and the progress after the crime, etc., in determining the defense counsel’s assertion that the Defendant under Article 48(1)1 of the Confiscation Criminal Act was in a state of mental disorder by drinking alcohol, it cannot be deemed that the Defendant had the ability to discern things or make decisions at the time of the instant crime, and thus, the above assertion is rejected.

The reason (decision of type) for sentencing shall be [decision of type] for special injury, injury by repeated offense (determination of the recommended area] The basic area [decision of the recommended area] 6-2 years [Scope of recommendation] / The main reason for suspension of execution] - Where a person committed a crime by carrying with himself/herself a dangerous object: there is no criminal record of the positive suspension of execution (decision of sentence] and there is no criminal record of the same victim, together with the above sentencing factors.

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