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(영문) 서울동부지방법원 2018.03.29 2018고단558
특수상해등
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

1. On February 16, 2018, at the defendant's home located in the Seoul Special Metropolitan City Gwangjin-gu D Public Notice Board around 19:00, the defendant loaned money to the victim E (48 taxes) and drinking in daily labor days, and the defendant refused to do so, and the victim fights with the defendant's face attached to the defendant's face, with the victim's face being taken by the victim, with the victim's face taken by 21cm in the room (21cm in the length of the kitchen in the room). The defendant was displayed on the left side of the victim's face, with the victim's hand flab, and flad with the victim's length "......."

As ", the kitchen knife is divided into the chest of the victimized person."

As a result, the defendant carried a kitchen, which is a dangerous thing, and carried a kitchen, with a face side of about 3 cm in length, the number of days of treatment cannot be known to the victim, and a breast side of about 0.6 cm in length.

2. In the date, time, and place mentioned in the preceding paragraph, the Defendant rejected the victim’s refusal to demand apology on the face of the Defendant after the fighting of the said body was suspended, and attached a brupt to the portable gas burner, which is a dangerous object, to put the brush down and put the brupt down “I will not collapse,” and “I will do so.”

In this respect, the Defendant carried a portable gas burner and a fluor suspension of fluor, which is a dangerous object, and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. All on-site photographs and photographs;

1. Investigation report (or investigation by a counter party to the doctor on duty in an emergency room at a hospital of a National University);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 284 and 283 (1) (a point of special intimidation and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing guidelines shall be recommended;

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