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(영문) 대전지방법원 2018.12.18 2018고단3473

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:00 on September 13, 2018, the Defendant: (a) knew that the Defendant was using bonds against the Defendant, the residence of the Daejeon Pungdong B; (b) within 202, and (c) the wife C (the age of 35) was taking advantage of the fact that the Defendant was using bonds against the Defendant; (b) took a dangerous dispute; (c) knife the knife, which is a dangerous thing, and (d) died.

“Intimidating the victim, on the part of a dangerous plastic chair, the victim was faced with the victim, and continued to set back the parts, such as the victim’s head, body body, etc., the victim’s head, body body, etc., and suffered injury to the victim, i.e., the left-hand body part of the body part, which requires approximately six weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Records of damage and photographs of criminal tools;

1. Application of Acts and subordinate statutes of a medical 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 to mitigate small amount;

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

1. In light of the fact that the defendant was punished for the same kind of crime even though the reason for sentencing under Article 62-2 of the Criminal Act for the protection observation and attending order had the record of being punished for the same crime, and the fact that the nature of the crime is not good in light of the method and content of the crime in this case, the criminal liability of the defendant is unlimited, but the victim is the defendant's wife, the victim is not punished, the victim is not punished, the defendant is led to confession and is against the defendant's character and behavior, family environment, etc., the punishment shall be determined