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(영문) 대구지방법원 김천지원 2019.09.05 2019고단507

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is the husband of the victim B (here, 49) who is the husband of the victim C.

On January 11, 2019, the Defendant: (a) parked in D apartment parking lots of Seoul Special Metropolitan City around 14:48, in order to prevent the Defendant from driving his own car, the Defendant: (b) placed the victim’s head at the D apartment parking lot of Seoul Special Metropolitan City; (c) placed the victim’s head at hand several times in a way that the victim suspected of having an inhumanity relationship with the said C, strokes, and Bos with the said passenger car strokes in order to prevent the Defendant from driving his own car. (d) placed the victim’s head at the knife of the victim’s head by driving the vehicle 230 meters away with the victim’s knife, Bos, and repeats the victim’s head.

As a result, the Defendant used the above Radd-car, which is a dangerous object, to inflict an injury on the victim, such as the left-hand level of satisfaction and alley, for about eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. On-site reports (on-site conditions and the statement of CCTV victims), photographs of CCTV images, photographs of damaged parts, photographs of CCTV images to capture CCTV images, CCTV images, CDs, investigative reports (verification of the distance of movement of a suspect), and photographs of the moving-distance measurement screen pictures;

1. Application of diagnosis certificates, investigation reports (a copy of an emergency squad 119 emergency squad), and Acts and subordinate statutes governing emergency medical services performed;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines (the determination of types) [the category 1] special injury (including a special person) and repeated injury (including a serious effort to recover damage) or where considerable damage has been recovered, the scope of the recommended punishment (excluding the types of special serious injury) and the scope of the recommended punishment.