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(영문) 대구지방법원 서부지원 2016.01.28 2015고단1903

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 was married 10 years prior to the victim C (V, 42 years of age) and about 10 years, but was living together after the divorce on October 2014.

On August 18, 2015, at around 00:40 on August 18, 2015, the Defendant entered the Defendant’s residence of 110-dong D Apartment No. 1502, Seo-gu, Daegu apartment building 110-dong 1502, on the ground that the victim did not open the front door, entered the house through the bend window of the victim on the ground that the victim did not open the front door, led the victim’s head head to the living room, led the victim’s head head to the living room, and was taken by the victim’s face to drinking, and the victim took the victim’s cell phone from the defect of 112 report, and then the victim took the part of the victim’s neck and head.

Then, the Defendant uses a knife, which is a deadly weapon in its place ( approximately 33 cm in total length, approximately 21 cm in length), and is more likely than the Defendant’s death of a knife in the same year of weather.

“Fast like brush, fluent the head of the victim, fluent the head of the victim’s head, and take the brush and head of the victim’s head beyond the floor.

Accordingly, the victim escaped from the toilet and locked the door, and the defendant cited a deadly weapon, which was a deadly weapon in the tools, and opened a door before the gate to the victim.

"......." The part of the victim's loss on the part of the victim was suitable for the victim's loss on the part of his/her head, frighting the victim's head outside of the toilet, frighting the victim's head.

As a result, the Defendant, while carrying lethal weapons, inflicted bodily injury on the victim, such as cerebral typhism, requiring medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a medical certificate to victims C);

1. Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62Da138, Apr. 1, 2