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(영문) 수원지방법원 평택지원 2017.05.24 2017고단790
특수상해
Text

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

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

Reasons

Punishment of the crime

The Defendant, at Pyeongtaek-si C accommodation, worked for day duty, and lives together with the victim D (37 tax) with usual living together with others, and the misunderstanding was accumulated to each other, and became the problem of the victim and the director of the boarding house while the appraisal is not good.

On April 10, 2017, the Defendant asserted that the transition of this case was not prepared in advance for the purpose of causing injury, while the Defendant and the defense counsel had prepared to do so in advance after reporting the situation that the victim did not move about at the front of the above C, around 23:20, around April 10, 2017, but had been together with the Defendant prior to the occurrence of this case.

E In light of the contents of the Kakao Stockholm text message sent to F (Evidence No. 60 pages of evidence record) and the contents of the police statement protocol against F, the above assertion is without merit.

The victim's right side bucks and left fucks are cut off due to excessive (11cm, 9cm in blade) which is a deadly weapon.

Accordingly, the Defendant, carrying a deadly weapon with the victim, inflicted injury on the victim, such as dives of the dives of dives that require treatment for about 28 days, and dives of dives.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement concerning G and F;

1. A copy of the damaged part photograph, photograph of the damaged scene, and diagnosis report of the injury, and a copy of the opinion;

1. Application of the statutes regarding seizure records, list of seizure, and evidence;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, when the defendant had excessive possession of a deadly weapon, which is a deadly weapon, with the intent of attacking the victim, and even though the workplace club was actively aware of the defendant, the defendant inflicted bodily injury on the victim. The crime of this case is very poor in the nature of the crime, and the degree of damage is high in light of the part and degree of injury.

In addition, although the defendant is fined to the defendant, the defendant has been punished for the same kind of crime seven times, and there was no agreement with the victim.

Therefore, the defendant.

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