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(영문) 서울동부지방법원 2018.04.18 2018고단203

특수상해

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C are marital relationships.

On November 26, 2017, the Defendant: (a) around 20:0, the Songpa-gu Seoul Metropolitan Government D and B 802 around 20:0, and (b) around 202, the Defendant did not participate in the franchising of the “franchisive franchising”, and did not participate in the franchising of the victim on several occasions; (b) knife the body of the victim, which is a dangerous thing in the kitchen, in the kitchen, in his hand, knife (the total length of 25 cm, the knife length of 14 cm), brought the victim’s head on one occasion with the number of days of treatment, and inflicted injury on the victim, such as the two skins and the knife part of the kn

Accordingly, the defendant injured the injured person by dangerous things.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (to hear statements from victims and attach photographs);

1. Application of the Acts and subordinate statutes to deadly weapons, photographs and photographs of the body of the victim;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: A favorable condition that the instant crime was committed by the head in excess of the knife, which is a dangerous object, and thus is unlikely to be criticized: The Defendant led to the confession of the instant crime, and the Defendant’s mistake is divided; the victim wanted to be punished for the same offense; the Defendant did not have any record of being punished for the same kind of crime; the above circumstances, the Defendant’s age, sex behavior, and the circumstances after the crime, etc., shall be determined as the sentence as ordered, taking full account of all the factors indicated in the instant trial process.