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(영문) 서울중앙지방법원 2017.01.09 2016고단8534
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant was suffering from conflicts due to the victim C(52) and the neighboring company residing in the half-generation B01 and B02 of the multi-household D located in Dongjak-gu Seoul Metropolitan Government.

On August 18, 2016, the Defendant, at around 20:00, talked about the issue of noise with the victim’s invitation, while drinking alcohol with the victim’s invitation, and talking about the problem of noise, the Defendant inflicted injury on the victim’s et al. on the part of the victim, such as knife at one time after a knife the victim’s knife, which is a dangerous object on the floor in that place (19cm in total length, 10cm in length in knife).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each protocol of seizure and the list of seizure;

1. The photograph of each seized article (excess, mining straws);

1. Application of Acts and subordinate statutes to a report on investigation (related to submission of a medical certificate for victims);

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 stay of execution (see, e.g., Supreme Court Decision 201Do1111

1. The suspension of execution of imprisonment with prison labor shall be imposed as ordered, taking into account the fact that the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, as well as the fact that the act of harming a victim, which is a very dangerous object that may pose a threat to the life of the defendant, is highly likely to be subject to criticism, but the defendant has no record of identical crimes, that the defendant has smoothly agreed with the victim, and that it is a criminal defendant who has committed a bru

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