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(영문) 부산지방법원 2018.04.19 2017고단6028

특수상해

Text

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

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

Reasons

Punishment of the crime

From July 2017, the Defendant was living separately with the victim C (n, 49 years of age) who was wife on November 19, 2017, around 09:45, around 09:40 on November 19, 2017, the Defendant reported that the damaged person was in existence with E, and that he was in existence with E, and caused the damaged person’s neck, and discovered the damaged person’s head debt, knife the damaged person’s head debt, knife the bottom of the left side, knife the victim with the wall, and knife the victim into the wall, and knife knife knife knife knife knife knife knife knife knif on the right side of the victim on the part of the victim.

As a result, the defendant carried dangerous things with the victim, leaving the right side requiring treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and C;

1. A written diagnosis of injury;

1. Paper photographs;

1. Application of Acts and subordinate statutes to report on investigation (where damage is caused, confirmation of deadly weapons, etc.);

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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

1. Grounds for the suspended sentence under Article 62(1) of the Criminal Act (i.e., the statement of the grounds for sentencing as stated below)

1. Where the application of the sentencing guidelines [Scope of the recommended punishment] Habitual injury, and special injury to a repeated offender and special injury are recovered from the area of special mitigation (from September to February 2), the area of special mitigation (including efforts made to recover damage) (including special mitigation) / the area of minor injury, the area of penalty (including serious efforts made to recover damage), or considerable damage;

2. The sentencing should be imposed as ordered in consideration of the fact that the defendant's decision of sentencing has a depth of his mistake, the victim wants his wife against the defendant, the defendant has no record of criminal punishment, the relationship with the defendant and the victim, motive for the crime, etc.