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Reasons
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(영문) 서울남부지방법원 2018.10.10 2018고단1865
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Attached Nos. 1 and 2 ( excessive kitchens) shall be forfeited from the accused.

Reasons

Punishment of the crime

On February 5, 2018, the Defendant: (a) around 21:40 on February 21, 2018, at the residence of Guro-gu Seoul apartment, the Defendant: (b) had the victim C (48 knife) who is her husband; (c) had the victim in a late-time dispute with the victim; and (d) had the kitchen knife (14 cm in length, about 13 cm in length on the day, about 11 cm in length, about 12 cm in hand); (c) had the victim’s body, part of the ship, etc. on the part of the victim’s apartment in Guro-gu Seoul Metropolitan Government; and (c) had knife the victim’s body, part of the ship; and (d) had reached the victim’s knife “nife” after the victim suffered from the disturbance, the Defendant had reached the victim’s port, including knife, knife, and knife.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by each police with respect to C (one time, two times);

1. Police seizure records and list of seizure;

1. A written diagnosis of injury to C;

1. The result of reproduction of a copy of the video product used for crime;

1. On-site photographs and photographs of seized articles;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes by cutting a DNA conversation;

1. Relevant Article of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act concerning facts constituting an offense (a point of harm to carry dangerous articles);

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The summary of the argument and the defense counsel: (a) the Defendant and his defense counsel display the knife to the victim by setting up against the victim’s assault, and the Defendant’s act constitutes a political party defense or legitimate act; and (b) the Defendant’s act did not have the intent to use the knife knifely in the situation where he had experienced a threat of life; and (c) there was no intention to use the knife as a net knife; and (d) the Defendant and his defense counsel had been in a state of mental and physical weakness

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