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(영문) 서울남부지방법원 2017.08.09 2017고단3231
특수상해
Text

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

around 00:34, June 22, 2017, the Defendant, while under the influence of alcohol, viewed the Chinese drama in a semi- underground house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu. However, the Defendant: (a) opened a knife knife (the total length of 32 cm, the knife length of 18 cm) with a knife, which is dangerous object in the kitchen at the place where the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to E (victim);

1. Written statements of victims of D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. When considering the risk of committing a crime on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, it is necessary to put the defendant to a severe punishment, but the punishment as ordered shall be determined by taking into consideration the following: (a) the defendant is against the crime during the period of unconvicted detention between two months; (b) there is no record of criminal punishment in the Republic of Korea; and (c) the victims do not want to be punished by mutual consent by paying a compensation, etc.

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