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(영문) 의정부지방법원 2018.01.04 2017고단4196
특수상해
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A defendant shall be punished by imprisonment for not less than eight months.

A number of seized knife (No. 1) and one Homi (No. 2) shall be confiscated.

Reasons

Punishment of the crime

On September 1, 2017, the Defendant: (a) around 18:20, at the Government of the Republic of Korea around 18:20, after drinking alcohol with the victim D (38 taxes); and (b) after drinking with the victim’s house, the Defendant: (c) took a knife knife (40cm in total length, 27cm in length) which is a dangerous thing that the victim was placed on the part of the victim, and stored in the kitchen at the place; and (d) taken a knife (27cm in length) which is a dangerous thing that the victim was taken on the part of the victim; and (d) taken a knife in line with the victim’s left part, the victim’s knife knife knife knife knife knife knife knife knife knife knife kn the victim’s left part.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records and lists and photographs of seized articles;

1. Photographs of the victim, photograph of the victim's body, photograph of the suspect's bloodtainr in his/her residence, photograph of the head of the household, or photograph of the place where the seized knife has been kept;

1. A report on the collection of DNA identification samples;

1. Photographss and explanatory notes of the victim's body to take photographs of the victim's body;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

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. As for the sentencing of Article 48(1)1 of the Confiscation Criminal Act, the degree of injury to the victim is serious and the damage is not recovered, the defendant's denial of the crime is disadvantageous to the defendant, or the defendant is old, or two times prior to and after a fine of minor negligence committed for a long time.

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