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(영문) 서울남부지방법원 2017.02.09 2016고단4656
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around 04:00 on July 30, 2016, the Defendant, at “D Sing room” located in Gangseo-gu Seoul Metropolitan Government, has reached a part of the victim’s knife with the shoulderer, which is a dangerous object, after he was franked with the victim E (41 knife).

As a result, the defendant carried dangerous objects with the victim about about 14 days of medical treatment, and put the victim into a warning room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (victim E telephone conversations);

1. A report on investigation (a statement of a fire fighter or witness);

1. A report on investigation (a statement by a wooden person);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 258-1 and Article 257-1 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of damage is that the defendant, who is a dangerous object, inflicted an injury on the part of the victim's neck, and that the defendant did not yet agree with the victim is very poor.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's confession and reflective attitude, the favorable circumstances such as the defendant's primary offender, and the age, sex, environment, etc., shall be determined as the sentence.

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