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(영문) 인천지방법원 부천지원 2016.09.30 2016고단1979

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On August 7, 2016, at around 21:40, the Defendant had a dispute with the victim D (n, 53 years of age) who is one’s wife, around 21:40 on August 7, 2016, at “Chop B, and 1st, and caused the victim to have a wound, which is a dangerous object of the table, once the part of the victim’s body was cut, and caused the victim to have a shock of about 3 cm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (the details of interviews with victims, photographs of damaged parts, etc.);

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of victim as part of damage);

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 ( Taking into account circumstances favorable to the defendant);

1. Article 62 (1) of the Criminal Act ( considered circumstances favorable to the defendant);

1. Based on the reasoning of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence shall be determined by comprehensively taking into account the favorable sentencing factors such as the following: (a) a victim, who is the wife of the defendant, was suffering from mental and physical pain; (b) a defendant was punished several times of the past violence; (c) a defendant appears to have exercised domestic violence against the victim even before the crime of this case was committed; (d) a victim’s wife is deemed to have been committed; and (e) the defendant committed a second offense against his mistake; and (e) a defendant has no record of being punished for a suspended sentence or heavier; and (e) a defendant has no record of being punished.