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(영문) 인천지방법원 2020.02.05 2019고단8974

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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 the victim B (math, 45 years of age) and the husband's death.

At around 19:00 on June 5, 2019, the Defendant suffered injury to the victim, such as the head, left side gate, and right gate of the victim, one time, due to the knife of the victim's head, left side gate, and the knife of the right gate, which are dangerous objects that were disputed in the issue of payment of living expenses and the issue of the beneficiary's name, at the place of residence of the Yju-gun apartment of North Korea, from around 19:0, the Defendant sustained the victim's face and body several times due to the above knife, and sustained the victim's face

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on death diagnosis certificates, hack air photographs, and brush photographs;

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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is as follows: (a) the Defendant’s liability for the crime of this case is not minor; (b) the Defendant recognized the crime of this case; (c) there is no record of criminal punishment other than the fine imposed for the crime of this case; (d) the Defendant’s leakage and his/her father seek the Defendant’s wife against the Defendant; (e) the implements of the crime of this case; (e) the degree of damage to the victim; (e) the statutory punishment for the crime of special injury (i.g., the Defendant’s age, character and behavior, environment; (ii) the motive and background of the crime of this case; (iii) the motive, means and method of the crime of this case; and (iv) the circumstances after the crime of this case; and (iv) the sentencing conditions as