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(영문) 부산지방법원 2018.09.11 2018고단2423
특수상해
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a special injury at the Cheongju District Court on April 15, 2016 and completed the execution of the said sentence on October 15, 2016.

On June 1, 2018, around 18:40 on the part of the defendant, the defendant argued with the victim C that the entrance was not good due to the noise, etc. opening the entrance, and the defendant had a knife (22 cm in length, 35 cm in total length) in the main room, and had a knife (32 cm in length, 35 cm in length) on the part of the victim, and had a knife part of the victim's right chest one time to receive treatment for about four weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A medical certificate;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition, taking into account the following: (a) the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (b) the Defendant was sentenced to imprisonment with prison labor for a special injury, and committed the instant crime during the repeated crime period; (c) the victim’s chest part of his chest was considerably heavy; (d) the motive and background of the instant crime; (e) the circumstances after the commission of the crime; (e) the record of the crime; and (e) the fact that there is no agreement with the victim.

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