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(영문) 수원지방법원 2018.02.09 2017고단8203
특수상해
Text

A defendant shall be punished by imprisonment for a term of one year and three 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 November 30, 2017, 07:25, the Defendant was working at the office of the Defendant’s apartment C with the wife population C, 303:1 Dong 1701, and the Defendant’s wife D, and the above D office.

E In the course of drinking alcohol with F, who is an employee of the entertainment shop, and with the victim G (26) who worked for the above entertainment shop, the victim took a bath or assault against the said D, and the victim took a knife (24 cm in total length, 13 cm in knife) which is a dangerous object in the kitchen, on the ground that the defendant under the influence of alcohol told the said D to take a bath or assault.

The facts charged that the defendant reported the knife defendant and opened the door of the apartment are "the flight of the entrance of the apartment with the corridor." However, the defendant is not denied that the knife is moving away from the corridor. According to the victim's statement, the knife in the knife is about to go out of the knife or immediately after the opening of the door of the knife. Therefore, it is recognized as above.

Part of the victim's left-hand side of the victim was knife knife knife knife and knife knife knife knife knife knife knife and knife kn

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made with respect to G, D, and F;

1. Police seizure records;

1. A report on investigation (the details of reporting a victim), a report on investigation (the result of requesting appraisal of seized articles), and a report on investigation (the hearing report by telephone of the victim);

1. Application of Acts and subordinate statutes of any seized article photograph, field photograph, diagnosis report, gene appraisal report;

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 on the suspended execution;

1. In that it is a dangerous crime that might have been prejudicial to human life with a knife due to the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the nature and circumstances of the crime are not weak.

However, it is minor that the injured party has not been punished by the defendant because the injured party has agreed smoothly with the injured party.

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