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(영문) 서울남부지방법원 2019.06.13 2019고단1446
특수상해
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 19:00 on January 10, 2019, the Defendant sought D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government building C, and D and victim E (30 years of age) and sold, and the Defendant argued that the Defendant “unpowered so-called lacing lacing lacing lacing lacing lacing lacing lacing lacing lacing lacing lacing lacing 2 times the face of the victim two times in drinking. The Defendant collected a food map (30cm in length, 18cm in blade length) that is a dangerous thing located therein, and caused the victim’s injury, such as an open lacing lacing lacing lacing lacing lacing lacing lacing lacing lac lac lac lac lac lac lac la

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of E (including an interrogation protocol);

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to criminal photographs, investigation reports (receiving letters of injury and fidelity guarantee), seizure lists, and E-accidents;

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 provides for the forfeiture of one seized knife (No. 1) by a public prosecutor who is judged as being favorable to the reasons for sentencing following the suspended sentence.

However, Article 48 (1) of the Criminal Code provides that a person other than an offender may confiscate an article he/she does not belong to the ownership of a person other than the offender or knowingly acquired by a person other than the

However, even after examining the record, there is no evidence to recognize that the above article is not owned by a person other than the defendant or acquired by a person other than the defendant with the knowledge of the fact after the crime.

Rather, the above owner of the seized article is indicated as D in the seizure protocol and the seizure list (Evidence Records 83,84).

Therefore, the above seized articles are not owned by a person other than the criminal or they are acquired by a person other than the criminal knowing that they were after the crime.

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