beta
(영문) 춘천지방법원 속초지원 2019.01.16 2018고단128

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 and the victim B (the 34 years of age) are marital relationships.

On April 6, 2018, the Defendant: (a) around 06:10, at the Seocho-si C Apartment D’s residence, and (b) tried to have a dispute with the victim during the mixed drinking; (c) tried to hear from the victim the victim the talk that “Surra.”; (d) was a dangerous object that was placed adjacent to the victim due to a lush hand, and (e) got the victim’s face, and (e) took the victim’s face, and (e) took approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. B Written statements;

1. A photo of the damaged part, on-site photograph;

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 for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of all the conditions of sentencing, including the circumstances under which probation and education is imposed, the age, character and conduct, the environment, the circumstances of the crime, the means and consequence thereof, etc.

A favorable circumstances: The defendant was punished by a fine for an act of violence against his spouse or received a disposition to transfer home protection case two times prior to the instant case, repeats the act of violence against his spouse in the state of his taking, and is judged to have a high risk of recidivism, such as falling under the “victim in question” in the preliminary examination of alcohol use disorder.