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(영문) 수원지방법원 안양지원 2018.10.12 2018고단1335
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be forfeited from the defendant.

Reasons

Punishment of the crime

The defendant was living in the next house of apartment house such as the victim B (the South and 72 years old) and was sentenced to a fine due to the victim's complaint.

On August 13, 2018, the Defendant: (a) viewed the victim’s house in front of the victim’s residence in Mapo-si apartment (hereinafter detailed address omitted); (b) viewed the victim’s house in front of the victim’s residence; (c) on the ground that the victim told himself/herself that he/she was at his/her house, and entered his/her house and entered the knife (30cm in total length, 17.5cm in length, 17.5cm in length) with a knife of the victim’s house; and (d) entered the victim’s house with a knife with a knife knife, knife of the victim who defends the victim, and caused an injury to the victim, such as a knife, who had no damage to the victim’s knife that requires treatment for about four weeks.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

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

1. On-site photographs;

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. The reason for sentencing under Article 48(1)1 of the Criminal Act seems to be recognized and reflected.

The health status is not good.

However, a crime carrying a knife, which is a dangerous object, is very bad in the quality and criminality.

The injured person is trying to severely punish the accused.

In around 2011, neighboring residents who committed a crime of intimidation by carrying dangerous articles similar to this case, and there was a record of being sentenced to a suspended sentence of imprisonment, and a record of being sentenced to violent crimes that carried dangerous articles is committed.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.

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