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(영문) 울산지방법원 2017.11.29 2017고단3577
특수상해
Text

A defendant shall be punished by imprisonment for a short term of one year and six months and two years.

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

Reasons

Punishment of the crime

At around 02:10 on October 6, 2017, the Defendant inflicted injury on the victim, such as the victim’s cell phone charging machines in the front of Ulsan-gu, Ulsan-gu, U.S., where the Defendant used his cell phone charging machines in front of the victim D (17 cm), while coming to sight with the victim, while in front of the victim, the Defendant took a dangerous object in advance (12.5 cm in knife in knife in knife in knife), knife in knife in knife in knife in knife in knife, six knifs in the victim’s room, and a knife in knife in knife in knife in knife in knife in knife in knif.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

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. Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is an offense for which the sentencing guidelines have not been set.

The defendant is subject to juvenile protective disposition, and the victim did not properly comply with the protective observation, and committed the crime of this case between the victim and the victim committed the crime of this case, because the victim committed a very serious crime, such as putting the victim's normal clothes which are disadvantageous to the victim who did not want the punishment of the defendant, with a deadly weapon, and the degree of the victim's injury is very serious, and there is considerable intention to commit the crime.

Therefore, if the suspension of execution is imposed on the defendant, the protection observation order is imposed, and there is no possibility that the victim will be prevented from committing additional crimes.

Although there was an agreement with the victim, it is the reason to sentence the defendant.

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