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(영문) 광주지방법원 해남지원 2016.12.22 2016고단422

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten 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 is a person who is in a de facto marital relationship with a victim B (n, 51 years of age).

The Defendant, around August 29, 2016, around 23:20, around 23:20 on the roads of the Dondo Office of Education, in front of the Dondo Office of Education, 114, 30-12, Jeonnam-gun, Jeonnam-do, the Defendant, without any reason, served as a part of the victim’s left knife, in excess (22 cm in total length, 11.5 cm in length on the knife) which is an object of suddenly dangerousness to the victim without any reason.

As a result, the defendant carried dangerous objects with the victim about two weeks of treatment, and inflicted upon the victim with multiple scarcitys and scarcitys that require treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement in C and B;

1. A reply letter (related to an injury diagnosis) and a reply letter requesting appraisal;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of damaged photographs of the victim), investigation report (Attachment of photographs of the place of criminal investigation);

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. The crime of this case on the grounds of the sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is not very good in that the crime of this case was committed on the grounds that the victim's winter part could have been significantly damaged as the fruit, which is a dangerous object.

Although the defendant should be punished strictly, the suspension of execution shall be imposed only once in consideration of the favorable circumstances for the defendant, such as that the defendant reflects the defendant, that the victim does not want the punishment against the defendant, and that the defendant has no record of punishment in excess of the fine.