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(영문) 수원지방법원 안산지원 2019.08.14 2019고단1481

특수상해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 01:00 on February 15, 2019, the Defendant, at his own house located in Gwangju-si B, received iron collection boxes (a.e., a dangerous object due to the victim’s attitude (a.e., length, height of 30cm) on the ground that the victim was bad due to the victim’s attitude while talking with the victim C (the 42 years of age, female) who is his spouse at his own house located in Gwangju-si B, and caused the victim’s injury, such as an open wound, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph (Evidence Nos. 6);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Determination of Punishment] Violence, Type 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (In the area of recommendation] Reduction element [the scope of recommendation range] Reduction element / [the scope of recommendation range] six months to one year [the minimum sentence of recommendation range is four months, or six months, and the minimum sentence of legal applicable sentences is six months, so the decision of sentence] The above sentencing factors and the defendant recognize the defendant's mistake, the defendant did not have any criminal records exceeding the same criminal records and fines, and the degree of damage caused by the crime of this case, etc.