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(영문) 광주지방법원 순천지원 2019.11.29 2019고단2357
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

On March 2019, the Defendant received advance 10 million won from the victim C(54 years of age) who owned B around March 2019 and decided to work as a seafarer on the ship.

1. On September 26, 2019, the Defendant: (a) entered the transition knife (10cc in length of the knife) in the main machine, which is a dangerous thing in the main stream; and (b) inserted the transition knife (10cc in length of the knife) into the main part of the body of the victim, who heard the words “I am to do anything from the front day, I am to the front day of the apartment complex E-dong; (c) I am to the place where I am to the victim.”

The Defendant, while making a verbal dispute with the victim, duplicating the flap, and duplicating the excessive knife that was the flap of the victim’s flap with the words “flap flap,” and duping the body of the victim with his left arms, followed the part of the victim’s flap with the excessive knife over 3 to 4 times with the part of the victim’s flap.

As a result, the Defendant committed a dangerous object, which requires approximately two weeks of treatment to the victim, an open top of the above arms.

2. The Defendant damaged the victim’s mobile phone so that he/she may need to repair the market price by cutting off the victim’s mobile phone from his/her cell phone and cutting off the cell phone behind the cell phone on the ground that the said victim seeks to report it as a mobile phone at a time and place like paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 366 (a) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the risk of the instant crime.

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