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(영문) 대구지방법원 2018.06.28 2018고단2315

특수상해

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and the victim C ( South, 46 years old) came to know each other through Internet carpet meetings on January 2016, 2016, while living together with the defendant's house located in Daegu-gu D Building 502 from April 2016, the defendant was living in the family of the defendant from around April 2016.

With the doubt of the problem, violence was often exercised by the victim while the problem was frequently disputed.

At around 06:00 on May 5, 2018, the Defendant, while drinking alcohol with the victim as a matter of the victim’s external rating at the Defendant’s home, had the face of the victim by hand, and was able to hold the face of the victim by hand. The Defendant, at the home of the Defendant, had the food blade (32.5 cm in total length, 20.5 cm in length, 20.5 cm in length) with a lethal weapon at the home of the Defendant at the seat of the Defendant, placed the head part of the victim one time and placed the side part of the victim’s head one time, with approximately four weeks back to the left side of the victim requiring approximately four weeks medical treatment.

Accordingly, the defendant injured the victim by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution against C;

1. Seizure records;

1. Records of damage and photographs of criminal tools;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment of the result of consultation on medical services on the part of injury of a victim C), field photographs;

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

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

1. In regard to the fact that the defendant, who was subject to family protective disposition due to the fact that the husband living together twice or more reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, inflicted an injury on knife with knife, the crime of causing the victim's head part and the side part of the victim's head is not good and the degree of criticism is high.

However, the fact that the defendant recognizes the crime of this case, the victim does not want the punishment of the defendant from this court to this court, and criminal punishment is imposed.