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(영문) 서울북부지방법원 2017.09.20 2017고단2370
특수상해
Text

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

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 June 10, 2017, at around 08:25, on the ground that noise from construction at the construction site of Dongdaemun-gu Seoul Metropolitan Government New Building was planted, the Defendant: (a) took a bath to the victim D (61) who was at the site site (23 cm in total length, 9 cm on the day); (b) took a bath to the victim D (61 cm in front of the day) who was at the site, and (c) took a dangerous thing, and caused an injury on the victim’s chest and the left part of the upper part of the back part of the treatment day; and (d) continued to take a knife (30 cm in total length, 17 cm in knife) and threatened the victim with a knife (17 cm in knife).

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion of defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the Defendant’s defense counsel asserted to the effect that the Defendant was physically and mentally weak at the time of committing the instant crime. However, in light of the Defendant’s attitude and attitude after committing the instant crime, details of witness’s statement, etc., the Defendant was physically and mentally weak.

It is difficult to see it.

For the reason of sentencing, the lower limit of statutory penalty is one year of imprisonment, and the nature of the crime and the circumstances of the crime are not that of the crime.

However, considering the following factors: (a) the Defendant has no record of other crimes, other than one-time criminal records, (b) the victim does not want the punishment of the Defendant; (c) the circumstances leading up to the instant crime; (d) the Defendant’s health is not good; and (e) the Defendant’s age, sex, environment, etc., the punishment shall be determined as ordered by taking into account all the factors leading up to the sentencing

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