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(영문) 의정부지방법원 2018.06.15 2018고단194
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 19, 2017, the Defendant inflicted an injury on the victim’s left side by using a kitchen knife (30cm in total length, 18cm in knife, 12cm in knife) which is a dangerous object on the part of the victim, on the ground that the victim was able to take a desire for drinking, while drinking the building B, and the Defendant’s house located in the Defendant’s house (21 knife) and drinking in the Defendant’s house.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Seizure records;

1. A written appraisal;

1. A report on internal investigation:

1. On-site photographs (the defendant and his defense counsel, although the defendant led to the confession of a crime by the prosecution, this is not voluntariness as a statement by the police, and the victim merely suffered a knife on the knife cited by the dead female-friendly Gu at the time, and there is no fact that the victim was knife with the victim. However, in this case, the police sent a confession by the defendant knifeing the defendant.

On the other hand, it is difficult to find a clear motive for the defendant to be found, while the reason why the defendant denied the first crime revealed by the prosecutor (it was difficult to mislead the police officer to make an application for naturalization, and the reason why he gets kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn

- In light of the fact that the confessions statement in the prosecutor's office of the defendant are consistent with the evidence records 14-2, there is voluntariness.

Since the above argument is judged, the application of the law shall not be accepted.

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 (the degree of injury seems not to be relatively heavy and the victim does not want to be punished.

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