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(영문) 대전지방법원 서산지원 2017.10.27 2017고단478

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B ( South, 65 years old) are living together for more than 10 years.

On April 28, 2017, the Defendant, at around 23:00, brought a dispute with the victim living together, living expenses, etc. in his/her residence located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: (a) made the victim sound, “Ig, spath,” and knife (38 cm, 15 cm in length, 23 cm in length) which is a dangerous thing in the kitchen, and knife (23 cm in length) which was in the kitchen; (b) made the victim’s right horse one time in the knife; and (c) made the victim’s knife in the number of days of treatment with a degree of 7 cm.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes governing internal investigation reports (Attachment of field photographs), B-related photographs, investigation reports (victim B telephone recording reports), reporting 112, and emergency medical services for reporting and emergency medical services;

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 to mitigate small amount;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. As to the Defendant’s assertion under Article 48(1)1 of the Confiscation Criminal Act, the Defendant asserts that he was physically, mentally, or physically deprived of his mind and body by drinking, etc. at the time of the instant crime. Thus, according to the records, the Defendant was aware of drinking at the time of the crime, but considering the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after the crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion is rejected.

The circumstances favorable to the reasons for sentencing: A person living together with the victim for more than 10 years, who is living together with the victim, and continuously living together with the victim, and who is disadvantageous to the opposite: A dangerous object, which has inflicted an injury on the head of the head, and there has been violence against the victim and intimidation in knife.