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(영문) 서울동부지방법원 2017.05.15 2017고단993
특수상해
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 26, 2017, the Defendant sent a knife knife to the “E” restaurant located in Gwangjin-gu Seoul Special Metropolitan City (E) and the victim F (60 years of age) who was aware of the knife with the knife line line line, and knife knife the knife from the victim who drinking alcohol at the above knife and does not interfere with the issue of punishment,” and the victim and the victim during the time knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant injured the injured person by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to G, F, and H;

1. A written statement of I;

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

1. A written opinion and an investigation report (in addition, attaching a written additional diagnosis);

1. Application of the CD-related Acts and subordinate statutes to each photograph, CCTV image data;

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 suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection and Observation, etc., was that the defendant injured the victim's chest in a knife, which is a dangerous thing.

The attitude of the act is important, and the degree of injury suffered by the victim is also important.

On the other hand, the defendant's mistake, the victim shows knife, and knife the knife caused the defendant to commit the crime while under the influence of alcohol.

In agreement with the victim, the victim does not want the punishment of the defendant, and there is no power to punish the defendant more severe than the fine.

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