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(영문) 서울북부지방법원 2018.08.23 2018고단2071
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 16, 2015, at around 09:00, the Defendant lent money to H by introducing the victim G (5 years) in an officetel near the F elementary school located in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, as a matter of failing to receive repayment from the above H, the Defendant’s report on the victim’s her hand room at one time during the dispute with the victim that did not receive repayment from the said H, and the victim’s report on the subsequent resistance to the Defendant her will have taken up the transition ( approximately 20 cm in total length, about 10 cm in length, about 10 cm in length) which is a dangerous object in the scam, with the right hand of the victim’s right side.

As a result, the Defendant carried over dangerous objects with excessive treatment for about 4 weeks, and put up “a open top of the wall after the scarcity” to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes of investigation reporting (in case of attaching records, such as a copy of medical records submitted to victims);

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

1. The victim was suffering from extreme pain due to the crime using a deadly weapon for sentencing on the grounds of Article 62(1) of the Criminal Act of the suspended sentence.

However, the sentencing conditions, such as the defendant's age, sex, occupation, motive and means of the crime, circumstances after the crime, etc., are determined by considering the fact that the injured person does not want the punishment of the defendant, that the defendant recognizes and reflects the crime, that the health of the defendant is not good, and that the defendant is not good.

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